Chino Municipal Code Ch. 19.02 Tentative Map

The purpose of the tentative map is to provide thorough investigation of a proposed subdivision by the director of community development, other agencies both within the city and outside the city, the planning commission, and the city council. Approval or conditional approval of a tentative map enables a subdivider creating four or fewer parcels to apply for a parcel map and a subdivider creating five or more parcels to apply for a final map. A tentative map shall be filed by subdividers who intend to create any number of parcels, but who do not intend to request the rights to proceed with development associated with a vesting tentative map.

(Ord. 2010-07, § 1(exh. A), 2010.)

A tentative map and a final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units. However, where a subdivider is creating four or fewer parcels or where any one of the following occurs, a tentative map and a parcel map shall be required instead:

A. Situation. The land before division contains fewer than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.

B. Acreage—Twenty acres. Each parcel created by the division has a gross area of twenty acres or more and has approved access to a maintained public street or highway.

C. Acreage—Forty acres. Each parcel created by the division has a gross area of not fewer than forty acres or not less than a quarter of a quarter section.

D. Industrial or commercial. The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

E. Environmental subdivision. The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Compliance with Subdivision Map Act. A tentative map shall be filed and processed in accordance with the Subdivision Map Act and the provisions of this title, and shall have been approved or conditionally approved prior to the submission of a final map or parcel map for a subdivision, except as otherwise provided in this title.

B. Consistency. No land shall be subdivided nor developed pursuant to a tentative map for any purpose that is inconsistent with the general plan and any applicable specific plan or that is not permitted by the zoning ordinance or other applicable provisions of any ordinances or of this Code.

C. Preparation. A tentative map shall be prepared in a manner acceptable to the director of community development, and shall be prepared by or under the direction of a land surveyor or civil engineer licensed to practice in the state. If the map is prepared by a registered civil engineer, his California registration number shall be 33965 or lower, pre-January 1982. The map shall meet all requirements for tentative maps listed below, as well as any others required by the Subdivision Map Act and this title:

1. The title of the subdivision, which shall be subject to review by the city, and the legal description of the property;

2. The name and address of owner and subdivider;

3. The name and address of person preparing map;

4. The approximate acreage;

5. The north point;

6. The scale to which details are drawn such that whenever practicable, said scale shall be one-inch to one hundred feet or less, and in no case shall the scale be more than one inch to two hundred feet;

7. The date on which the map was prepared;

8. Boundary lines and location of adjacent lot and/or parcel lines;

9. The location and name of streets, which shall be subject to review by the city;

10. Width of streets and alleys;

11. The name, location and width of adjacent streets;

12. Location of existing trees, indicating trunk four inches or larger in diameter;

13. Proposed street grades;

14. Proposed building pad elevations or lot grades;

15. Location and width of easements;

16. Dimensions of reservations;

17. Existing structures and adjacent structures, indicating surrounding land use and zoning;

18. Existing and proposed public utilities, with the verification or concurrence of the city engineer;

19. Existing and proposed culverts and drain pipes;

20. Watercourses;

21. Land subject to overflow or inundation;

22. Railroads;

23. Lot lines, approximate dimensions and lot numbers;

24. Approximate radius of curves;

25. Building lines;

26. Lands and parks to be dedicated for public use;

27. Contours at five-foot intervals if slope greater than ten percent;

28. Contours at two-foot intervals if slope less than ten percent;

29. Proposed land uses;

30. Name and tract number of adjoining subdivisions; and

31. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.

D. Document submittal. The following shall also be submitted with a tentative map:

1. A soil report as required by Section 19.08.010 of this title; and

2. A geological hazard report as required by Section 19.08.010 of this title.

E. Filing with director of community development. The number of tentative map and preliminary site development plan prints determined to be necessary by the director of community development shall be filed with the director of community development. The submittal shall include all information deemed necessary by the director of community development, including that described above in Subsection C, and shall include all fees and/or deposits as set forth by city council resolution and/or ordinance.

(Ord. 2010-07, § 1(exh. A), 2010.)

The director of community development shall, within thirty calendar days from the time the tentative map and all required accompanying data have been received, examine the map and accompanying data and, if they are in full compliance with the provisions of all laws and this chapter, shall deem the application as complete and accept the map for filing. If it is incomplete and not accepted, it shall be returned to the subdivider with a written statement of the reason it was not accepted for filing. The date when the map is accepted for filing shall be considered its official filing date. After filing is complete, review of the tentative map begins, as described in Section 19.02.050 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Copies of filing to interested public agencies. The director of community development shall forward copies of the filed tentative map and other pertinent accompanying data to interested public agencies within five days of filing. The agencies may, in turn, forward to the director of community development their findings and recommendations thereon within fifteen days of receipt.

B. City engineer report. The city engineer shall prepare a written report to the director of community development on a tentative map. This report shall verify that the tentative map and its supporting documents are in an acceptable form and that the improvements they show conform to the provisions of this title and Title 20 of the Chino Municipal Code.

C. Development review. Within thirty days from the official filing date of a tentative map, the director of community development shall schedule a development review meeting to be held prior to the date on which the map is scheduled for planning commission action. Written notice of such meeting shall be given to the subdivider and all interested agencies. At such meeting, all recommendations made by various agencies and departments shall be discussed. The results of the meeting shall be incorporated into the director of community development's written report, as specified in Subsection D, below.

D. Written report. The director of community development shall prepare a written report to the planning commission on a tentative map. This report shall consider the relationship of the map to the Subdivision Map Act, to this title, Title 20 of the Chino Municipal Code, other city ordinances, the general plan and applicable specific plans, and comments of any other city department or public agency, made either in writing or at the development review meeting. The report shall also recommend conditions to be placed on the map, and it shall incorporate the report of the city engineer. A copy of the director of community development's report on a tentative map shall be provided to the subdivider and to those persons specified in Section 66452.3 of the Subdivision Map Act at least three days prior to any hearing or action on such map by the planning commission.

E. Exceptions. Any requests for exceptions to the conditions recommended in the written report shall be filed, in writing, with the director of community development not later than the second working day following the publication of the written report.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Environmental review. The director of community development, upon receipt of a tentative map for filing conforming to all requirements of this chapter, together with the appropriate filing fees, shall make a preliminary determination regarding the level of environmental review for the project required under the California Environmental Quality Act (CEQA). The environmental review shall be prepared as required by CEQA, including compliance with CEQA's timelines for completion. The subdivider shall be responsible for reimbursing the city for costs associated with CEQA compliance.

B. Planning commission review. After the city council or planning commission certifies an EIR or negative declaration for a tentative map, or the community development director makes a preliminary determination that a temporary map is exempt from environmental review under CEQA, the community development director shall schedule said map for review by the planning commission. Within fifty days from the date of the certification of the EIR or negative declaration or preliminary finding of exemption, unless such time is extended by mutual consent of the subdivider and the planning commission, the planning commission shall approve, conditionally approve, or deny the tentative map subject to the considerations listed in Section 19.02.070 of this title and shall report its decision in writing to the subdivider, including any conditions of approval or reasons for denial, if applicable. The planning commission shall deny the tentative map if it is unable to make all of the findings listed in Section 19.02.080 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

The reviews of tentative maps by the planning commission shall be subject to the following considerations:

A. Environmental review. In considering the approval or conditional approval of a tentative map, the planning commission shall first find that the proposed subdivision, together with the provisions for its design and improvements is consistent with the applicable general and/or specific plans of the city, and shall then examine the environmental documentation and certify its adequacy and conformity with the provisions of CEQA.

B. Conditions imposed. In approving tentative maps, the planning commission may impose such reasonable conditions as it deems necessary and in the interest of public health, safety, environment, or community welfare in accord with the purpose and intent of this chapter. These conditions may include, but are not limited to a requirement that the subdivider shall join an existing assessment district, if there is one adjacent to the parcel, or form a new one, as directed by the planning commission.

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

D. Approval by inaction. If no action is taken upon a tentative map by the planning commission within the time limits specified in this chapter and the Subdivision Map Act to approve, conditionally approve, or disapprove the tentative map, the tentative map shall be deemed to be approved insofar as it complies with other applicable requirements of this title, and it shall be the duty of the city clerk to certify or state his or her approval. Once a tentative map is deemed approved under this provision, the subdivider shall be entitled to receive a written certification of approval.

(Ord. 2010-07, § 1(exh. A), 2010.)

The planning commission shall approve the tentative map if all of the following findings can be made. If a finding cannot be made, the planning commission may condition approval upon mitigation that will allow the finding to be made:

A. Consistency with plans. The proposed subdivision, together with the provisions for its design and improvements, is consistent with applicable general or specific plans of the city.

B. Consistency with zoning. The proposed subdivision is consistent with the provisions of the Chino Zoning Ordinance and other related ordinances, or a variance has been granted.

C. Suitability. The site is physically suitable for the type or density of development.

D. Environmental damage. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

E. Wastewater. The discharge of waste from the proposed subdivision into a community sewer system will not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).

F. Water service. The review of the city engineer or water service agency indicates that there is sufficient water to provide for the residents of the subdivision.

G. Soils and geology. There are no adverse soil or geological conditions, according to a preliminary soils report or geological hazard report, or the subdivider has demonstrated to the satisfaction of the director of community development, city engineer and planning commission that any adverse conditions can be corrected.

H. Public health. The design of the subdivision or the type of improvement will not cause serious public health problems.

I. Easements. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. However, the planning commission may approve an application 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.

J. Environmental documentation. The environmental documentation is adequate and conforms with the provisions of the California Environmental Quality Act.

K. Agricultural suitability. The proposed subdivision will not result in the subdivision of agricultural parcels to a size too small to sustain agricultural use under the conditions for denial listed in Section 66474.4 of the Subdivision Map Act.

(Ord. 2010-07, § 1(exh. A), 2010.)

The appeals process for the decision of the planning commission shall be as described in Section 19.01.110 of this title.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Twenty-four months. An approved or conditionally approved tentative map shall expire twenty-four months from the date of its approval or conditional approval if a final map or parcel map is not approved prior to that time.

B. Expenditure on public improvements. If a subdivider is required to spend more than the amount specified in Section 66452.6(a)(1) of the Subdivision Map Act to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the approved or conditionally approved tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map shall extend the expiration of the tentative map by thirty-six months, subject to the provisions of Section 66452.6 of the Subdivision Map Act.

C. Termination. 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. No extension due to modification. Modification of a tentative map after approval or conditional approval shall not extend beyond the time limits imposed.

(Ord. 2010-07, § 1(exh. A), 2010.)

A. Request by subdivider. The subdivider, or his representative, may request an extension of the expiration date of the approved, or conditionally approved, tentative subdivision map by written application to the director of community development. The application shall be filed not less than thirty 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 his report, to the planning commission for approval, conditional approval or denial. The action adopted by the planning commission approving, or conditionally approving, an extension shall specify the new expiration date of the tentative subdivision map.

C. Time limit of extension. The approved extension shall not exceed an additional thirty-six months. The approved new expiration date shall not extend more than five years beyond the date of the action adopted by the planning commission in approving, or conditionally approving, the tentative subdivision map.

D. Conditions of approval. As a condition of the extension of a tentative subdivision map, the planning commission may impose new conditions, or revise existing conditions, on the approved tentative map as recommended by the community development director in his report, or as it may find necessary. The planning commission shall follow the public hearing notice requirements set forth in Title 20 (Zoning) of this Code.

E. Appeal of conditions on 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 with Section 19.01.110 of this chapter.

F. Fees. The fee for processing an extension shall be as established by resolution of the city council.

(Ord. 2010-07, § 1(exh. A), 2010.)

Minor changes in the tentative map may be approved by the director of community development upon application by the subdivider, provided that:

A. No lots, units or building sites are added;

B. Such changes are consistent with the intent and spirit of the original tentative map approval; and

C. There are no resulting violations of ordinances or resolutions of the city.

(Ord. 2010-07, § 1(exh. A), 2010.)