Big Bear Lake Municipal Code Ch. 16.03 Tentative Maps—filing and Processing Procedures

A. Applicability. This chapter pertains to the filing requirements for the submittal of tentative parcel maps and tentative tract maps, which shall generally be referred to as "tentative maps." Where a final parcel map is required by this division or the Subdivision Map Act, a tentative map shall be filed, except for parcel maps which shall be at the discretion of the city engineer and director of community development, as a committee.

B. Who May File. Any property owner who proposes to subdivide property may file a tentative map. The requirements for tentative parcel map or tentative tract map shall be as set forth in the Subdivision Map Act. Any person who proposes to subdivide property that is owned by another person may file a tentative map for such property with the written consent of the owner.

C. Form—Contents—Supplementary Information. Tentative maps shall conform with such requirements as to form, content and submittal of supplementary material as are specified in the subdivision manual. In addition to those requirements specified in the subdivision manual:

1. The director of community development and/or the city engineer may require additional information to accompany the submittal of a tentative map. The city engineer shall have the authority to include among such requirements geologic, seismic and hydrology reports; traffic impact analysis, aerial photographs and transparent overlays; grading, site development and landscaping plans; fire protection and fuel modification reports; and any other information reasonably relevant to the proposed subdivision.

2. The director of community development and/or the city engineer may require differing amounts of supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

3. The director of community development and/or the city engineer may require the submission of additional information after the filing of tentative maps as necessary.

(Ord. 89-170 (part), 1989)

A. Requirements. Tentative maps shall comply with the provisions of the Subdivision Map Act, zoning regulations, this title, the subdivision manual and any other ordinance, statute or law pertaining to the use, sale, leasing or subdivision of land.

B. Filing—Acceptance Thereof. Tentative maps shall be filed with the director of community development, and shall be processed in accordance with the Subdivision Map Act and the provisions of this title and the subdivision manual. A tentative map shall not be deemed to be accepted for filing until:

1. The appropriate number of maps, accompanying submittal requirements, and filing fee are provided; and

2. An environmental determination has been issued for the project, or if the determination is appealed, upon conclusion of the appeal.

C. Revision of Map After Filing. A revised tentative map may be submitted at any time prior to action on the map by the advisory agency, subject to the provisions of the subdivision manual, Chapter 3.

D. Advisory Agency Actions.

1. Public Hearings. The advisory agency shall hold at least one public hearing on each tentative map filed, and as many additional hearings as may be necessary. The public hearing shall be duly noticed in conformance with the provisions stated in Section 16.01.100.

2. Reports to the Advisory Agency.

a. Tentative Parcel Maps. Any reports or recommendations on tentative parcel maps that are submitted to the subdivision committee shall also be submitted, in writing, to the subdivider at least three days prior to the public hearing.

b. Tentative Tract Maps.

i. Responsibility of Subdivision Committee. The subdivision committee shall hold at least one meeting on each tentative tract map filed, and as many additional meetings as may be necessary, with the subdivider or his agent. Such meetings shall be held for the purpose of submitting technical and factual reports to the subdivider and for the purpose of preparing a report through the department of community development and the city engineer.

ii. The report shall contain such factual and technical information as the committee may deem to be of interest or assistance to the planning commission or to any other interested person, officer, department, municipality, district or agency. Such report shall also include the recommendations of the subdivision committee and shall be made available to any interested person, officer, department, municipality, district or agency. Any reports or recommendations on the tentative tract map that are submitted to the planning commission shall also be submitted, in writing, to the subdivider at least three working days prior to the public hearing.

c. Determination of Compliance. The report for tentative parcel maps and tentative tract maps to the advisory agency shall determine and verify the following:

i. The tentative map complies with all the requirements that have been adopted by the city council but have not yet become effective, with any applicable general and specific plans, and with the San Bernardino County hazardous waste management plan.

ii. If the preliminary soils report identifies the existence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the advisory agency may approve the subdivision or a portion thereof if it is documented that recommended corrective action is likely to prevent structural damage to each structure to be constructed. A condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

iii. The requirements imposed upon the subdivision would not render unfeasible the development of housing for all segments of the economic community and that the effect of any actions on the map considers the housing needs of the region and is balanced against the public service needs of its residents and available fiscal and environmental resources.

iv. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

v. Except where modifications are requested for exceptions, the tentative map complies with all of the requirements of this title.

d. Advisory Agency Action. The action of the advisory agency shall be to approve, conditionally approve or deny the tentative map as filed. Such action shall be final upon the expiration of the appeal period unless appealed to the city council. The action of the advisory agency may include conditional approval of a tentative map not in compliance with existing zoning regulations provided that the map complies with zoning regulations adopted by ordinance by the city council but not yet effective. Such action shall include a condition that a final map or parcel map of the subject parcel of land shall not be recorded until the appropriate zoning regulations have become effective.

e. Report to Subdivider of Advisory Agency Action. The approval, conditional approval, or denial of the tentative map by the advisory agency shall be reported, in writing, directly to the subdivider. This requirement shall be deemed to have been complied with when a report of the advisory agency's action has been placed in the mail directed to the subdivider at his designated address and bearing the proper postage.

f. Time Limits for Action. Time limits specified in the Subdivision Map Act may be extended by mutual consent of the subdivider and the advisory agency.

E. Withdrawal of Tentative Map. Any subdivider or owner of property upon which a tentative map has been filed may withdraw such map at any time prior to final action thereon. Notice of withdrawal shall be made to the director of community development in writing. Upon receipt of such notice, the director of community development shall notify each person, officer, department, municipality, district or agency from which a report was requested when the tentative map was filed. Upon the completion of such notification, the tentative map shall have been officially withdrawn. Any charges accrued for case processing shall be determined and the appropriate refund or balance paid.

F. Time Limits for Recording. Within a period of thirty-six months after the date of the approval or conditional approval of the tentative map by the advisory agency, or on appeal by the city council, the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared in accordance with the tentative map as approved, and filed in accordance with Section 66452.6(d) of the Subdivision Map Act. Upon written application of the subdivider, extension not exceeding a total of three additional years may be granted by the advisory agency or on appeal to the city council. Such application for an extension of time shall be filed prior to the expiration date as previously approved by the advisory agency or city council. As a condition to granting an extension of time, the advisory agency may require compliance with any additional requirements deemed necessary to carry out the spirit and intent of this title.

(Ord. 92-213 § 10, 1992; Ord. 89-170 (part), 1989)