Article 3 — TENTATIVE MAPS

A tentative map shall be submitted for approval preceding the submission of a final map for a sub-division. Such tentative map shall be in accordance with the Circulation Element of the General Plan and all other city laws and resolutions effective on the date of the presentation of the tentative map.

('66 Code, § 9-4.301)(Ord. 275-C-S, passed 3-11-75)

The tentative map shall be clearly and legibly drawn on one sheet.

('66 Code, § 9-4.302)(Ord. 275-C-S, passed 3-11-75)

The tentative map shall contain the following information:

(A) The title, which shall contain the subdivision number assigned by the County Recorder and the type of subdivision, and which may contain such name as may be selected by the subdivider;

(B) The names and addresses of:

(1) The legal owner of the property;

(2) The subdivider; and

(3) The civil engineer or licensed land surveyor preparing the map; and

(C) A topographic contour map showing accurately the existing terrain within the subdivision, existing drainage channels, buildings, trees, roads, culverts, overhead and underground utility lines which may affect the design of the subdivision, wells and springs, major structures or improvements, irrigation ditches, and utility poles and other improvements in their correct location. Elevations shall be according to United States Geological Survey, 1929 sea level datum.

('66 Code, § 9-4.303)(Ord. 275-C-S, passed 3-11-75)

The tentative map shall be drawn to an engineer's scale, large enough to show all information clearly, but not smaller than 100 feet per inch.

('66 Code, § 9-4.304)(Ord. 275-C-S, passed 3-11-75)

The contour interval on the tentative map shall not be greater than two feet if the ground slope is less than 10%, nor greater than five feet for ground slopes greater than 10%, and at such intervals that the contour lines will not be spread more than 130 feet (ground distance) apart.

('66 Code, § 9-4.305)(Ord. 275-C-S, passed 3-11-75)

The tentative map shall show the following details:

(A) The outline of existing slides, slips, sump areas, and areas subject to inundation;

(B) The edges of the pavement of existing paved roads and driveways and the edges of the traveled way along unpaved roads;

(C) The approximate existing property lines and boundaries of existing easements within the subdivision, with the names of the owners of record of easements, exclusions, and the properties abutting the subdivision;

(D) The proposed lot and street layout with scaled dimensions of the lots;

(E) The location of all proposed easements for utilities, drainage, and access;

(F) The street names, widths of streets, widths of rights-of-way, and approximate grades and radii of curves along the property lines of each street;

(G) Typical geometric sections for streets showing the pavement widths, curbs, sidewalks, grading in marginal strips, slopes of cuts and fills, and other construction proposed or applicable;

(H) The areas to be used for public purposes;

(I) The location, approximate grade, direction of flow, and type of facility for drainage channels and storm drains;

(J) A vicinity map showing the roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and to show its relation to community development;

(K) The north arrow and scales for maps and contour intervals; and

(L) The boundary lines of existing land use zones.

('66 Code, § 9-4.306)(Ord. 275-C-S, passed 3-11-75)

The tentative map shall be accompanied by the following data which shall be submitted at the time the map is filed with the Engineering Division:

(A) A written statement of general information which shall contain the following information:

(1) The existing use or uses of the property;

(2) A description of the proposed subdivision, including the number of lots, their average and minimum size, and the nature of development;

(3) The source of water supply;

(4) The method of sewage disposal proposed;

(5) The proposed plan for draining the areas subject to flooding or inundation by waters flowing into or from the subdivision; and

(6) Other improvements proposed;

(B) When required by the city, a report of investigation and a statement by a competent soils engineer as to the stability of areas in which slides have occurred within or immediately adjoining the proposed subdivision or in which there is a slide hazard;

(C) When a tentative map is filed on an area which is a part of a larger single ownership which may be subdivided in the future, the Engineering Division may require a sketch showing the proposed future development;

(D) A preliminary report of title for the property being subdivided;

(E) A grading plan delineating the tentative lot elevations and slopes;

(F) A development plan approximately delineating the subdivision's completed improve-ments, including the final approximate street grades, lot grading, embankments, slopes, and lot drainage directions and grades, but not including the location of buildings and other above-surface improvements; and

(G) An environmental impact report pursuant to the Environmental Quality Act of 1970 (Cal. Pub. Res. Code §§ 21000 et seq.).

('66 Code, § 9-4.307)(Ord. 275-C-S, passed 3-11-75)

Prior to the filing of a tentative map the subdivider may submit to the Engineering Division maps, plans, and other information concerning a proposed or contemplated development. The Engineering Division, within 15 days, shall schedule a conference with the subdivider on such plans and other data and make such recommendations to the subdivider as shall seem proper regarding such plans or other data. Such conference shall be an optional procedure which may be elected by the subdivider and shall not be required by the provisions of this chapter. A subdivider may commence with the filing of a tentative map and may elect to omit the prefiling conference.

('66 Code, § 9-4.308)(Ord. 275-C-S, passed 3-11-75)

(A) The subdivider shall file with the Engineering Division 45 prints of the tentative map of the subdivision and five prints of the tentative grading plan, together with a filing fee as specified by

resolution. The Engineering Division, within five working days after the tentative map has been received, shall examine the map and accept the map if it is in full compliance with the provisions of all laws and this chapter. If it is not accepted, it shall be returned to the subdivider with a written statement of the reason it was not accepted.

(B) The Engineering Division, within five working days after the filing of the map, shall forward copies of it to the County Planning Department, the County Health Officer, the Contra Costa County Flood Control District, the local fire district, the Antioch Unified School District, the utility companies serving the area, and the State Department of Transportation. Each of such agencies, within 15 days after the receipt of the map, may forward to the Engineering Division its findings and recommendations thereon.

('66 Code, § 9-4.309) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 628-C-S, passed 4-24-86)

Within 15 working days after the filing of a tentative map, the Engineering Division shall schedule a subdivision conference on the tentative map. Written notice of such conference shall be given to the subdivider or his agent and to all interested agencies. At such conference the recommendations of the city departments and the other affected agencies shall be considered and correlated. Following the conference, a written report of the recommendations upon which there is agreement and upon which there is disagreement shall be presented to the Commission.

('66 Code, § 9-4.310)(Ord. 275-C-S, passed 3-11-75)

If the subdivider desires to apply for an exception as to street improvements, widths, grades, or other matters, as provided in Article 8 of this chapter, he shall submit such application, in writing, for consideration by the Commission at the time set for Commission action on the tentative map.

('66 Code, § 9-4.311)(Ord. 275-C-S, passed 3-11-75)

The Commission shall consider the tentative map at a duly noticed public hearing within 50 days, unless such time is extended by the mutual consent of the subdivider and the Commission, and the Commission shall make a written report with recom-mendations to the Council concerning the approval, conditional approval, or disapproval of the map, or any other conditions precedent thereto, and such improvements as may be required. Any application for exceptions, as provided for in § 9-4.311 of this article, shall accompany the tentative map, and the recommendations of the Commission on the tentative map shall include the recommendations on any exception requested. Following the adoption of the recommendations on the tentative map, the map and recommendations shall be transmitted to the Council for action.

('66 Code, § 9-4.312) (Ord. 275-C-S, passed 3-11-75; Am. Ord. 439-C-S, passed 2-21-80)

Following the receipt of the tentative map and the recommendations of the Commission, the Council shall consider the tentative map and the recommenda-tions thereon, and shall, within 30 days, by resolution, approve, conditionally approve, or disapprove the tentative map, and shall report such action in writing to the subdivider, the City Engineer, and such agencies as may request to be notified. In connection with the action to approve or conditionally approve the tentative map, the Council may grant all or any part of such exceptions as may have been requested by the subdivider as provided for in § 9-4.311 of this article. By mutual consent of the subdivider and the Council, the period of considera-tion of the tentative map by the Council may be extended.

('66 Code, § 9-4.313)(Ord. 275-C-S, passed 3-11-75)

An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval. Upon an application of the subdivider filed prior to the expiration of the tentative map, and following the recommendation of the Commission, the time at which the map expires may be extended by the Council for a period of one additional year.

('66 Code, § 9-4.314)(Ord. 519-C-S, passed 4-22-82)

Sections 9-4.315 through 9-4.325 of this article are enacted pursuant to the authority granted by Cal. Gov't Code Ch. 4.5 (commencing with § 66498.1) of Division 2 of Title 7 (referred to in this article as the Vesting Tentative Map Statute) and may be cited as the “Vesting Tentative Map Law.”

('66 Code, § 9-4.315) (Ord. 618-C-S, passed 11-26-85)

(A) It is the purpose of §§ 9-4.315 through 9-4.325 of this article to establish procedures necessary for the implementation of the Vesting Tentative Map Statute and to supplement the pro-visions of the Subdivision Map Act and the provisions of this chapter. Except as otherwise set forth in said §§ 9-4.315 through 9-4.325, the provisions of this chapter shall apply to the Vesting Tentative Map Law.

(B) To accomplish this purpose, the regulations set forth in §§9-4.315 through 9-4.325 of this article are determined to be necessary for the preservation of the public health, safety, and general welfare and for the promotion of orderly growth and development.

('66 Code, § 9-4.316) (Ord. 618-C-S, passed 11-26-85)

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable Specific Plan or not permitted by the zoning provisions or other applicable provisions of this code in effect at the time of the approval of the vesting tentative map.

('66 Code, § 9-4.317) (Ord. 618-C-S, passed 11-26-85)

(A) For the purposes of §§ 9-4.315 through 9-4.325 of this article, a VESTING TENTATIVE MAP shall mean a “tentative map” for a residential subdivision, as defined in §9-4.240 of Article 2 of this chapter, which map shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time it is filed in accordance with § 9-4.320 of this article and is thereafter processed in accordance with the provisions of this article.

(B) All other definitions set forth in Article 2 of this chapter shall be applicable.

('66 Code, § 9-4.318) (Ord. 618-C-S, passed 11-26-85)

(A) Sections 9-4.315 through 9-4.325 of this article shall apply to developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this chapter, requires the filing of a tentative map or tentative parcel map for a development, a vesting tentative map may be filed in accordance with the provisions of said §§ 9-4.315 through 9-4.325.

(B) If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

('66 Code, § 9-4.319) (Ord. 618-C-S, passed 11-26-85)

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 set forth in this chapter for a tentative map, except that at the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words “Vesting Tentative Map.”

('66 Code, § 9-4.320) (Ord. 618-C-S, passed 11-26-85)

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the city for the filing and processing of a tentative map.

('66 Code, § 9-4.321) (Ord. 618-C-S, passed 11-26-85)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period and shall be subject to the same extensions, established by this chapter for the expiration of the approval or conditional approval of a tentative map.

('66 Code, § 9-4.322) (Ord. 618-C-S, passed 11-26-85)

(A) (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 Cal. Gov't Code § 66474.2.

(2) However, if said Cal. Gov't Code § 66474.2 is repealed, 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 in effect at the time the vesting tentative map is approved or conditionally approved.

(B) Notwithstanding the provisions of division (A) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following is determined:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

(2) The condition or denial is required in order to comply with state or federal laws.

(C) The rights referred to in this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in 9-4.322§ of this article. If the final map is approved, such rights shall last for the following periods of time:

(1) An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each

phase when the final map for such phase is recorded;

(2) The initial time period set forth in subdivision (1) of this division shall be automatically extended by any time used for processing a complete application for a grading permit, conditional use

permit, or design or architectural review if such processing exceeds 30 calendar days from the date a complete application is filed;

(3) A subdivider may apply for a one-year extension at any time before the initial time period set forth in subdivision (1) of this division expires; and

(4) If the subdivider submits a complete application for a building permit during the periods of time set forth in subdivisions (1), (2), or (3) of this division, the rights referred to in this section shall

continue until the expiration of such permit or any extension of such permit.

('66 Code, § 9-4.323) (Ord. 618-C-S, passed 11-26-85)

(A) Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning provisions in existence at that time, such inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it upon prezoning and conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning provisions to eliminate the inconsistency. If the change in the zoning provisions is obtained, the approved or conditionally approved vesting tentative map, notwithstanding subdivision (A) of § 9-4.323 of this article, shall confer the vested right to proceed with the development in substantial compliance with the change in the zoning provisions and the map as approved.

(B) The rights conferred by this section shall be for the time periods set forth in subdivision (C) of §9-4.323 of this article.

('66 Code, § 9-4.324) (Ord. 618-C-S, passed 11-26-85)

Notwithstanding any provision of §§ 9-4.315 through 9-4.325 of this article, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subdivision (C) of § 9-4.323 and § 9-4.324 of this article, and local agencies may grant such approvals or issue such permits to the extent the departures are authorized under applicable laws.

('66 Code, § 9-4.325) (Ord. 618-C-S, passed 11-26-85)