Chapter 16.050 — TENTATIVE MAP PROCEDURE

Prior to the filing of any parcel map or final map for the division of lands in the city, the subdivider shall file with the planning department a tentative map prepared in the manner set forth in Chapter 16.090 with the number of prints to be determined by the planning director as may be necessary for proper review of the proposed land division and an Environmental Information Form pursuant to CEQA. A tentative map shall be processed in accordance with the Map Act and the provisions of this title, and shall have been approved or conditionally approved prior to the submission of final map or parcel map for a division, of land, except as otherwise herein provided.

(Ord. 471 § 3, 1990)

Other than the exemptions as noted below, the filing of any residential tentative subdivision map shall require the concurrent filing and processing by the community development department of a design review application pursuant to Chapter 17.820 of the Brentwood Municipal Code, referred to as design and site development review:

• A. Residential tentative subdivision maps creating fifteen lots or less, and

• B. Residential tentative subdivision maps creating lots which are all greater than fifteen thousand square feet.

• (Ord. 733 § 1, 2002)

At the time of filing of a tentative map the subdivider shall pay the tentative map filing fee as set forth in the current city fee schedule.

(Ord. 471 § 3, 1990)

• A. Preliminary Review. The planning director shall, within ten working days from the time an application for a tentative map and all accompanying data has been received, examine the map and accompanying data and if it is in full compliance with the provisions of all laws and this chapter, shall accept the map for filing as of the date the map was received.

• B. Agency Referral. Following acceptance for filing, the planning director shall forward copies of the tentative map and other pertinent accompanying data to the interested public agencies which may in turn forward to the planning director their findings and recommendations thereon.

• C. Set Hearing. Following the acceptance of a tentative map for filing or following the completion of any necessary environmental documentation in compliance with CEQA the planning director shall schedule said map for public hearing by the planning commission within the time limits set forth in subsection F of this section.

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City of Brentwood, CA § 16.050.030

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.050.040

• D. Subdivision Conference. Within twenty working days from acceptance of a tentative map, for filing, the planning director shall schedule a subdivision conference to be held prior to the date on which the map is scheduled for planning commission action. Written notice of such conference shall be given to the subdivider and all interested agencies. At such conference all recommendations made by various agencies and departments shall be discussed. Any requests for exception to the various conditions to be considered by the planning commission shall be filed, in writing, with the planning director not later than the second working day following the subdivision conference.

• E. Report to Planning Commission. The tentative map, any environmental documents, the results of the subdivision conference and the planning director's report shall be transmitted to the planning commission. A copy of any report or recommendation of the planning director on a tentative map shall be available to the subdivider at least three days prior to any hearing or action on such map by the planning commission.

• F. Time Limit for Review. The commission shall approve, conditionally approve or deny a tentative map and shall report its decision to the subdivider within fifty days from the date of acceptance of a map for filing unless such time is extended by mutual consent of the subdivider and the commission. The time limits as described above shall commence after certification of an EIR by the city council, negative declaration, or determination that the project is exempt by CEQA.

• (Ord. 471 § 3, 1990)

Within the time limits specified, the planning commission shall either approve, deny or conditionally approve the tentative map as follows:

• A. In considering the approval or conditional approval of a tentative map the commission shall first examine the draft EIR and certify its adequacy and conformity with the provisions of the California Environmental Quality Act after which it must find that the proposed subdivision together with the provisions for its design and improvements is consistent with the community development plan and any applicable specific plans of the city of Brentwood.

• B. A tentative map shall be denied by the planning commission if it makes one or more of the following findings.

  1. That the proposed map is not consistent with the community development plan and any applicable specific plans;

  2. That the design or improvement of the proposed subdivision is not consistent with the community development plan and any applicable 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 is likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat unless an Environmental Impact Report was prepared with respect to the project and a finding was made pursuant to subdivision (c) of Section

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City of Brentwood, CA § 16.050.040

BRENTWOOD CODE

§ 16.050.050

21081 of the Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report;

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. In this connection, the city may approve a map 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 the city to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

• C. In the event of disapproval, the subdivider shall be furnished with a statement of the reason and authority for such disapproval.

• D. In the event of conditional approval, the subdivider shall be furnished with a statement of conditions and changes necessary for incorporation in the final map.

• (Ord. 471 § 3 , 1990)

• A. Approval or conditional approval shall be effective on the date of planning commission action provided, however, action of the planning commission may be appealed pursuant to Chapter 16.170.

• B. An approved or conditionally approved tentative map shall expire twenty-four months from the date of its approval or conditional approval except as otherwise provided by Section 66452.6 of the Map Act.

• C. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map shall be filed for any portion of the real property included within such tentative map without first processing a new tentative map.

• D. Upon written application of the subdivider filed prior to the expiration of an approved or conditionally approved tentative map, the time at which such map expires may be extended by the planning commission for a period or periods not exceeding an additional twelve months per approval and not exceeding a total of thirty-six months.

• E. However, if the subdivider is to expend one hundred twenty-five thousand dollars or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries, excluding any street abutting the boundary of the property to be subdivided and which are reasonably related to the development of the property, the expiration of the approved or conditionally approved tentative map shall be extended to thirty-six months.

• F. Pending planning commission action on a requested extension, the tentative map shall be automatically extended sixty days or until action is taken, whichever occurs first.

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City of Brentwood, CA § 16.050.050

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.050.060

• G. In granting an extension, new conditions may be imposed and existing conditions may be revised. If the commission denies a subdivider's application for extension, the subdivider may appeal to the city council pursuant to Chapter 16.170.

• H. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

• (Ord. 471 § 3, 1990)

For purposes of preserving development rights in effect at the time of tentative map approval or conditional approval a subdivider may request the city to confer vesting approval on a tentative map. Such vesting approval shall be subject to the same procedure as any other tentative map except in the following respects:

• A. Vesting approval shall only be granted to subdivisions for residential purposes.

• B. A tentative map proposed for vesting approval shall have printed conspicuously on its face the words "Vesting Tentative Map."

• C. In addition to the information required pursuant to Section 16.090.020 the subdivider shall supply the following information:

  1. Height, size, and location of buildings;

  2. Sewer, water, storm drain and road details;

  3. Information on the uses to which the buildings will be put;

  4. Detailed grading plans;

  5. Geological or soils studies;

  6. Flood control information indicating impact on downstream system and proposed improvements;

  7. Architectural plans;

  8. A design and site development review application for project which shall be processed concurrently.

• D. Except as otherwise provided in Section 66474.2 and 66498.1 of the Map Act, a vesting tentative map shall entitle the subdivider to proceed with development in compliance with the ordinance, policies, and standards in effect at the time of tentative map approval or conditional approval. Except specifications for improvements which are in effect at the time of improvement plan submittal.

• E. Notwithstanding subsection D, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

  1. A failure to do so should place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

  2. The condition or denial is required, in order to comply with state or federal law.

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City of Brentwood, CA

BRENTWOOD CODE

§ 16.050.060

§ 16.050.070

• F. Vesting rights shall expire if a final map is not approved prior to the expiration of the vesting tentative map.

• G. If the final map is approved, vesting rights shall last for the following periods of time:

  1. An initial time period of twelve months. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

  2. The initial time period set forth in paragraph G-1 shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty days, from the date a complete application is filed.

  3. Vesting rights shall last not more than two years beyond the recording of the final map or, in the case of a phased development, one year beyond the recording of the last phase final map.

• (Ord. 471 § 3, 1990)

• A. Purpose. It shall be the purpose of this chapter to implement and supplement the Subdivision Map Act through the adoption of local procedures and regulations for the subdivision of land through tentative parcel maps.

• B. Applicability. A property owner/subdivider may file an application for a waiver of the requirements for a tentative parcel map and the community development director, in consultation with the city engineer, may waive the requirements for a tentative parcel map, for any of the following divisions of property (Government Code Section 66428):

  1. A division of real property, or interests therein, created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

  2. A division of property resulting from conveyance of land, or interest therein, to or from a governmental agency, including the city, or a public entity or public utility for a public purpose, such as a school site, public building sites, or rights-of-way or easements for streets, sewers, utilities, drainage, etc., unless a showing is made in individual cases that public policy necessitates a parcel map. "Land conveyed to or from a governmental agency" includes a fee interest, a leasehold interest, an easement or a license; or

  3. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, that are created by short-term leases; or

  4. Subdivisions of land in which one of the following may apply:

     • a. All required public improvements are existing, or

     • b. Public improvements are not necessary as determined by the city engineer, or

     • c. Public improvements may be deferred by agreement, so long as said deferred improvements are not immediately required for public health and safety or for

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City of Brentwood, CA § 16.050.070

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.050.070

the orderly development of the surrounding area, as determined by the city engineer (Government Code Section 66411.1).

5. This section does not apply to airspace subdivision for the purpose of residential condominium conversion per Chapter 17.740.

• C. Findings. Upon the filing of an application by the property owner/subdivider, the community development director, in consultation with the city engineer, pursuant to Government Code Section 66428(b), may waive the tentative parcel map requirements when they so find that the proposed division of land complies with all requirements as to:

  1. Zoning and land use; and

  2. Area; and

  3. The city's standard engineering specifications for improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability; and

  4. Environmental protection pursuant to the California Environmental Quality Act.

• D. Requirements and Conditions. A waiver of a tentative parcel map shall be required to conform to the city's, and all other jurisdictional agencies, ordinances, laws and policies relating to:

1. Payment of fees and land dedication as identified in this code, the city's development fee program and other policies as established by the city and all other jurisdictional agencies relating to payment of fees, division of land and development; and

   2. Standard conditions of approval for parcel maps and any property specific requirements that may be conditioned; and

   3. Deferral of conditioned improvements pursuant to Section 16.166.020; and

   4. Environmental Review. Concurrently with an application for a tentative parcel map waiver under this section, an environmental information form pursuant to the California Environmental Quality Act ("CEQA"), shall be submitted to the city for review and certification; and

   5. Submittal of sufficient information, as identified by city council authorized procedures manual, relating to the proposed subdivision and use of property.

• E. Procedure.

  1. The community development director shall, within fourteen days from the time an application for a tentative parcel map waiver and all accompanying data has been received, examine the waiver and accompanying data and if it is in full compliance with the provisions of all laws and this chapter, shall accept the waiver for filing.

  2. Following acceptance for filing, the community development director shall forward copies of the waiver and other pertinent data to interested public agencies and city departments which may in turn forward to the community development director their findings and recommendations thereon.

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City of Brentwood, CA

BRENTWOOD CODE

§ 16.050.070

§ 16.050.070

3. Following acceptance of the tentative parcel map waiver for filing and following completion of any necessary environmental documentation in compliance with CEQA, the community development director shall hold an administrative hearing within thirty days regarding the proposed subdivision, unless otherwise agreed to by the applicant. Said hearing shall be publicly noticed, as provided in Government Code Section64451.3, and held no sooner than ten days following the date of notification.

   • a. If deemed necessary for any reason, as determined by the community development director and/or the city engineer, a waiver application may be scheduled for consideration by the planning commission (pursuant to Section 16.050.040) rather than consideration by administrative hearing.

4. Upon holding the administrative hearing, and considering input from any interested party, the community development director in consultation with the city engineer, may:

   • a. Approve the tentative parcel map waiver; or

   • b. Conditionally approve the tentative parcel map waiver; or

   • c. Refer the tentative parcel map waiver to the planning commission for consideration; or

   • d. Deny the tentative parcel map waiver including a statement of the reason and authority for disapproval.

5. Property owner/subdivider shall be notified in writing, of the decision of the community development director, in consultation with the city engineer, within fourteen days following the administrative hearing.

   6. Upon approval, a parcel map may be submitted pursuant to Chapter 16.060.

• F. Appeal: An appeal of a decision made under this section may be submitted pursuant to Chapter 16.170.

• G. Independent of Parcel Map Waiver. Waiver of a tentative parcel map does not imply waiver of the requirements for a parcel map pursuant to Chapter 16.100.

• (Ord. 862 § 1, 2009)

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City of Brentwood, CA § 16.060.010

SUBDIVISIONS AND LAND DEVELOPMENT