Barstow Municipal Code Art. I Tentative Map

The form and contents, submittal and approval of tentative maps shall be governed by the provisions of this chapter.

(Code 1969, § 18.06.010; Ord. No. 559, § 1(part), 1986)

The tentative map shall be prepared in a manner acceptable to the community development department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:

(1) A title which shall contain the subdivision number, subdivision name, and type of subdivision.

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

(3) Sufficient legal description to define the boundary of the proposed subdivision.

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

(5) Existing and proposed land use.

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

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

a. Existing contours at two-foot intervals if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes equal to or greater than ten percent. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines.

b. The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

c. The approximate location of all areas subject to inundation by 100-year storms and the location, width and direction of flow of each watercourse, as certified by the engineer preparing that map, or as shown in an adopted master plan of drainage.

d. The location, pavement, and right-of-way width, grade and name of existing streets or highways.

e. The widths, location and identity of all existing easements.

f. The location and size of existing sanitary sewers, 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 peripheral streets.

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

a. 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.

b. The location and radius of all curb returns and cul-de-sacs.

c. The location, width and purpose of all easements.

d. The angle of intersecting streets, if such angle deviates from a right angle by more than four degrees.

e. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot.

f. Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than ten percent and not less than five-foot intervals for existing ground slopes of ten percent or more. A separate grading plan may be submitted.

g. The location and size of sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

(9) The names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

(10) All lettering size shall be one-eighth inch minimum.

(11) If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown.

(12) If additional information, data or drawings are required in order to review and evaluate the tentative map, the community development director may require that such information be submitted. Such requirements shall be specified within 15 days of the filing of the tentative map.

(Code 1969, § 18.06.011; Ord. No. 559, § 1(part), 1986)

(a) The tentative map shall be accompanied by the following data or reports.

(1) Soils report. A preliminary soils report prepared in accordance with the city's grading ordinance shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision.

(2) Title report. A preliminary title report showing the legal owners at the time of filing the tentative map.

(3) Engineering geology and/or seismic safety report. If the subdivision lies within a medium risk or high risk geologic hazard area, as shown on maps on file in the community development department, a preliminary engineering geology and/or seismic safety report, prepared in accordance with guidelines established by the community development department. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of each lot within the subdivision.

(4) Environmental impact study. The various time limits set forth in this chapter for taking action on tentative maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(5) Other reports. Any other data or reports deemed necessary by the community development department.

(b) Subsections (a)(1) and (a)(3) of this section shall not apply to condominium conversions.

(Code 1969, § 18.06.012; Ord. No. 559, § 1(part), 1986)

(a) The tentative map shall be considered complete only when such map conforms to section 18.06.011 and when all accompanying data or reports, as required by section 18.06.012 have been submitted to and accepted by the community development department.

(b) The subdivider shall file the application, together with 12 copies of the tentative map, with the community development department. The application must be signed by the record owner, or be accompanied by a letter of consent from the record owner.

(Code 1969, § 18.06.013; Ord. No. 559, § 1(part), 1986)

(a) The community development department shall forward copies of the tentative map to the affected public agencies which may in turn forward to the community development department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

(b) Within ten days of the filing of a tentative map, the community development department shall send a notice of the filing of the tentative map to the governing board of the school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. The governing board may review the notice and may send a written report to the agency required by law to approve the tentative map. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a 20-working-day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving or conditionally approving the tentative map.

(Code 1969, § 18.06.014; Ord. No. 559, § 1(part), 1986)

(a) Notice of public hearings.

(1) Upon receipt of a valid application, completion of the subdivision conference, and having received from the community development department their report and recommendations for the proposed tentative map, the city planner shall set the matter for public hearing. At least ten calendar days before the public hearing, a notice shall be given of the time, date, and place of said hearing, including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

(2) The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.

(3) In addition to notice by publication, the community development department shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application.

(4) In addition, in the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, notice shall be given as required by section 66451.3 of the Subdivision Map Act.

(5) In addition, notice shall be given by first class mail to any person who has filed a written request with the secretary of the planning commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

(6) Substantial compliance with these provisions for notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in the article.

(7) The planning commission shall approve, conditionally approve, or deny the tentative map within 50 days after the tentative map has been determined to be complete. If an environmental impact report is prepared, the decision shall be made within 45 days after certification of the environmental impact report.

(b) Approval.

(1) In approving or conditionally approving the tentative map, the planning commission, acting in the capacity of the advisory agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

(2) The planning commission may modify or delete any of the conditions of approval recommended in the community development department's report, except conditions required by city ordinance related to public health and safety or to public works standards adopted by the city council. The planning commission may add additional requirements as a condition of its approval.

(3) If no action is taken by the planning commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this chapter, or other city ordinances, and it shall be the duty of the city clerk to certify the approval.

(c) Denial.

(1) The tentative map may be denied by the planning commission on any of the grounds provided by city ordinances or the Subdivision Map Act.

(2) The planning commission shall deny approval of the tentative map if it makes any of the following findings:

a. That the proposed map is not consistent with applicable general and specific plans.

b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

c. That the site is not physically suitable for the type of development.

d. That the site is not physically suitable for the proposed density of development.

e. 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.

f. That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

g. 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. In this connection, the governing body may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(d) Extension of time for planning commission or city council action. The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission.

(Code 1969, § 18.06.015; Ord. No. 559, § 1(part), 1986)

(a) By subdivider. If the subdivider or any owner of property within 300 feet of the exterior boundary of the land in question disagrees with any action by the planning commission with respect to the tentative subdivision map, they may, within ten days of the decision, file an appeal with the city clerk. The council shall consider the appeal within 30 days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to section 18.06.015. In addition, notice shall be given to the subdivider and the planning commission and upon conclusion of the public hearing the council shall, within ten days, declare its findings. The council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

(b) By tenants. Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment property, or stock cooperative project may appeal any action of the planning commission pursuant to the Subdivision Map Act and subsection (a) of this section.

(c) For general plan and specific plan conformity. Any interested person may appeal any decision of the planning commission relative to conformity to the general plan or any specific plan of the city to the city council. Such appeal and hearing thereon shall be in accordance with subsection (a) of this section, with additional notice to be given to the appellant.

(Code 1969, § 18.06.016; Ord. No. 559, § 1(part), 1986)

(a) The approval or conditional approval of a tentative subdivision map shall expire 36 months from the date of the approval by the planning commission review, if any, except as provided in section 66452.6 of the Subdivision Map Act. Any map approved after January 1, 2013, but prior to the adoption of the ordinance from which this section is derived shall be automatically extended by 12 months. An extension to the expiration date may be approved as provided in section 18.06.018.

(b) The period of time specified shall not include any period of time during which a development moratorium is in effect according to section 66452.6 of the Subdivision Map Act.

(c) 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.

(Code 1969, § 18.06.017; Ord. No. 559, § 1(part), 1986; Ord. No. 913-2013, § 1, 8-19-2013)

(a) Request by subdivider. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the community development department. The application shall be filed not less than 30 days before the map is to expire and shall state the reasons for requesting the extension.

(b) Planning commission action. The community development director shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval or denial at the next scheduled planning commission meeting. A copy of the report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. The planning commission may approve, conditionally approve, or deny the extension.

(c) Time limit of extension. The approved extensions shall not exceed three years. The approved new expiration date shall not extend more than five years beyond the original date of approval of the tentative map, except as provided in section 66452.6 of the Subdivision Map Act.

(d) Conditions of approval. As a condition of the extension of a tentative map, the planning commission may impose new conditions or revise existing conditions on the approved tentative map.

(e) Appeal of conditions of extension. The subdivider may appeal any action of the planning commission on the extension to the city council within ten days of such action in conformance to section 18.06.016(a).

(Code 1969, § 18.06.018; Ord. No. 559, § 1(part), 1986; Ord. No. 653, § 1, 1990)

(a) Minor changes in the tentative map may be approved by the community development department upon application by the subdivider or on its own initiative, provided:

(1) No lots, units or building sites are added.

(2) Such changes are consistent with the intent and spirit of the original tentative map approval.

(3) There are no resulting violations of the Barstow Municipal Code.

(b) Any revision shall be approved by the city planner and the city engineer. The amendment shall be indicated on the approved map and certified by the city planner and city engineer.

(c) Amendments of the tentative map other than minor shall be presented to the planning commission for approval. Processing shall be in accordance with sections 18.06.014 and 18.06.015.

(d) Any approved amendment shall not alter the expiration date of the tentative map.

(Code 1969, § 18.06.019)