Chapter 7.05 — TENTATIVE MAPS—PROCEDURES

This chapter pertains to tentative parcel maps and tentative tract maps. (Ord. 171 § 1, 2007)

Tentative maps shall be filed with the Director who shall accept such maps only when the Director determines that the requirements for filing a tentative map established by this Subdivision Code and the Subdivision Map Act have been satisfied. The tentative map shall be deemed filed on the date accepted as complete by the Director. Each tract or parcel map shall be identified by a number issued by the County and prominently displayed on the face of the map. (Ord. 171 § 1, 2007)

• A. Where a local agency has filed a territorial map with the Director pursuant to the Subdivision Map Act, the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency within three days of the date the tentative map is filed.

• B. When the State Department of Transportation has filed with the City Council a map of territory within one mile on either or both sides of any State highway routing pursuant to the Government Code, the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the Department of Transportation within three days of the date the tentative map is filed.

• C. Within three days of the date a tentative map is filed, the Director shall give notice of the filing to the governing boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code.

• (Ord. 171 § 1, 2007)

The Planning Commission shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

• A. An extension of time for action is mutually consented to by the subdivider and the Planning Commission, in which case the map shall be acted upon within the time agreed upon; or,

• B. The subdivider withdraws the map. (Ord. 171 § 1, 2007)

Reports and recommendations on tentative maps shall be in writing and shall be provided to the subdivider at least three days prior to the date action on the map is scheduled, provided that a subdivider:

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.05.030

§ 7.05.050

• A. May waive this requirement; and,

• B. May consent to the receipt by the Planning Commission of additional recommendations; and provided further that a subdivider shall be deemed to have consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the Planning Commission takes action on the tentative map.

• (Ord. 171 § 1, 2007)

Each tentative map shall be reviewed by the Planning Commission, which shall approve, conditionally approve, or disapprove the tentative map. (Ord. 171 § 1, 2007)

A revised tentative map may be submitted at any time prior to action on the map by the Planning Commission. The time for action on a tentative map specified in Section 7.05.025 shall begin anew upon the acceptance by the Director of a revised tentative map. (Ord. 171 § 1, 2007)

The Planning Commission shall act on tentative maps at regularly scheduled meetings or duly noticed special meetings when the matter has been duly placed upon the Planning Commission's agenda. Public hearings shall be required for the consideration of tentative maps. At a public hearing, the Planning Commission shall allow all interested persons an opportunity to address the Planning Commission on any matter pertaining to a proposed subdivision. (Ord. 171 § 1, 2007)

• A. Notice of the public hearing required by Section 7.05.045 for a decision to approve, conditionally approve, or disapprove a tentative map or tentative parcel map shall be given in all of the following ways:

  1. Notice of the hearing shall be published one time in at least one newspaper of general circulation within the City's jurisdiction at least 10 days prior to the hearing.

  2. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

  3. Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

  4. Notice of hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners

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City of Lake Forest, CA § 7.05.050

LAKE FOREST CODE

§ 7.05.060

• to whom notice would be mailed or delivered pursuant to this paragraph or paragraph 1 is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing.

• B. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the City shall also give notice by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this subdivision may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail.

• C. All notices published or mailed pursuant to this section shall include the date, time, and place of the public hearing, the identity of the Planning Commission, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. At least 10 days prior to the public hearing regarding the proposed tentative map, notice of the hearing shall be mailed to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided.

• (Ord. 171 § 1, 2007)

• A. The Planning Commission shall not approve or conditionally approve a tentative map which does not conform with applicable zoning except as provided in subsection B of this section.

• B. A tentative map may be approved when it conforms with zoning which has been formally introduced by way of ordinance, resolution or motion with published notice so long as the zoning becomes effective prior to recordation of the final tract or final parcel map.

• C. A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of these development standards.

• (Ord. 171 § 1, 2007)

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the Planning Commission makes the following findings:

• A. The proposed map is consistent with the General Plan;

• B. The design and improvement of the proposed subdivision is consistent with the General Plan;

• C. The site is physically suitable for the proposed type of development;

• D. The requirements of the California Environmental Quality Act have been satisfied;

• E. The site is physically suitable for the proposed density of development;

• F. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.05.060

§ 7.05.070

their habitat;

• G. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems;

• H. The design of the subdivision and the proposed improvements will not conflict with easements of record or established by court judgment or acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided and these will be substantially equivalent to ones previously acquired by the public;

• I. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Section 7.05.055;

• J. The subdivision is not located in a fee area or, if located in a fee area, the subdivider has met the requirements for payment of the applicable fees or the subdivision would not allow development of a project which would contribute to the need for the facility for which a fee is required.

• (Ord. 171 § 1, 2007)

• A. The Planning Commission shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by either the Santa Ana or San Diego Regional Water Quality Control Boards. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the Planning Commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

• B. In the event a subdivision fronting upon a shoreline or upon a public waterway, river, or stream or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with requirements of Sections 7.08.135 and 7.08.140, the Planning Commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

• C. If the Planning Commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 7.08.155, the Planning Commission shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

• (Ord. 171 § 1, 2007)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the Planning Commission. In all cases, the Director shall attempt to notify any third parties who had previously indicated an interest in the matter, i.e., the proposed subdivision, of the Planning Commission's scheduled consideration of the

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City of Lake Forest, CA

LAKE FOREST CODE

§ 7.05.070

§ 7.05.080

modification. Modifications shall be covered by the Planning Commission in the same manner and in accordance with the notice requirements, where applicable, as set forth in Section 7.05.050.

(Ord. 171 § 1, 2007)

• A. In accordance with Government Code Section 66452.6, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to extend said map. Notwithstanding the foregoing, if the subdivider is required to expend the dollar amount specified in Government Code Section 66452.6(a) to finance public improvements outside the boundaries of the tentative map, excluding improvements of public rights-ofway which abut the boundaries of the property to be subdivided and which are reasonably related to the development of the property as set forth in Government Code Section66452.6, each filing of a final map shall extend the expiration of the tentative map by 36 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later.

• B. In accordance with Government Code Section 66452.11, if an approved tentative map had not expired on September 13, 1993, the life of the tentative map shall be extended for 24 months.

• C. In accordance with Government Code Sections 66452.6(e) and 66463.5(c), the Planning Commission may grant an extension of time for any map for a period or periods not exceeding a total of five years beyond the original date of expiration.

• D. An extension may be granted only where it will not result in conditions or circumstances contrary to the public health, safety or the general welfare.

• E. Denial of a request for extension may be appealed by the subdivider to the City Council pursuant to Section 2.04.100 et seq., of the Municipal Code.

• (Ord. 171 § 1, 2007; Ord. 247 § 50, 2013)

Except as provided in Section 7.05.070, any interested person may appeal to the City Council from any action of the Planning Commission with respect to a tentative map by filing an appeal in accordance with Section 2.04.100 et seq., of the Municipal Code. (Ord. 171 § 1, 2007)

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City of Lake Forest, CA

SUBDIVISIONS

§ 7.08.010

§ 7.08.030