Chula Vista Municipal Code Ch. 18.12 Tentative Maps

Sections:

• 18.12.010 Filing – Fees. 18.12.020 Filing – Number of copies.

• 18.12.030 Filing – Title report.

• 18.12.040 Filing – Time of.

• 18.12.050 Map preparation – Registered engineer.

• 18.12.060 Map preparation – Compliance with subdivision manual specifications.

• 18.12.070 Processing – Transmission and review of documents and data.

• 18.12.080 Processing – Pre-Commission conference. 18.12.090 Processing – Report to Commission. 18.12.100 Commission – Review and report duties. 18.12.120 Planning Commission – Determination. 18.12.125 Appeals from determinations – Procedure. 18.12.130 Planning Commission – Variance or suspension of requirements. 18.12.140 Planning Commission – Public hearing required when.

• 18.12.150 Planning Commission – Public hearing – Notice. 18.12.160 Director of Development Services – Notice of determination. 18.12.170 Filing of approved or conditionally approved maps. 18.12.180 Expiration of tentative map. 18.12.190 Extension of tentative map – Application and hearing.

***** For statutory provisions relating to tentative maps, see Bus. and Prof. Code § 11550, et seq.

Prior legislation: Ord. 2134.

Fees shall be paid in accordance with CVMC 18.28.020 through 18.28.090. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.202. Formerly 18.12.020).

Each subdivider of a major subdivision shall file with the Director of the Development Services Department such number of copies of the tentative map as may be required in the subdivision manual. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010).

Two copies of a preliminary title report on the property to be subdivided shall accompany the tentative map. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010).

The time of filing of a tentative map shall be construed to be the time at which the same, together with the required data, is received in the office of the Director of Development Services, who shall indicate the date of filing upon all copies of the tentative map and accompanying data. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010).

The subdivider shall cause the tentative map of the land proposed to be subdivided to be prepared by a civil engineer registered in the state of California. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.203. Formerly 18.12.030).

The tentative map shall be drawn to such size and scale and contain such information as set forth in the subdivision manual, including, but not limited to, a depiction of the property proposed to be subdivided and all lands in or under option to the subdivider and/or the owner of the property proposed to be subdivided. The Development Services Department shall make available to the subdivider or his representative a copy of the subdivision manual and such other instruction sheets providing information relative to the preparation of said tentative map. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.204. Formerly 18.12.040).

Within five working days of the filing of a tentative map, and the filing of a water availability assessment prepared by the water district for projects proposing 500 or more dwellings or equivalent flows, the Director of Development Services shall transmit the requested number of copies of said map together with accompanying data to such public agencies and public and private utilities as may be concerned. Each of the public agencies and utilities may, within 15 days after the tentative map has been received by such agency, forward to the Commission a written report of its findings and recommendations thereon. Within 14 days after submittal of an application package and all required documents as required by the Director of Development Services, the Director of Development Services or his designee will hold a pre-Commission conference on the tentative map with the subdivider and the Committee. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(1). Formerly 18.12.050).

The Director of Development Services or designated members of his staff shall make such recommendations to the subdivider as seem proper regarding the tentative map, and shall recommend consultations by the subdivider with relevant organizations, including public and private utilities, and report conclusions and findings to the subdivider within seven days of said conference. This procedure is not required in the processing of a parcel map. However, consultation with the Director of Development Services prior to the preparation of a tentative parcel map is recommended. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(2). Formerly 18.12.060).

The Director of Development Services or his designee shall prepare a written report of recommendations on the tentative map in relation to the requirements of this chapter and other applicable regulations of the City or public and private utilities, and shall submit the same to the Commission within 21 days after receipt of the map. In the coastal zone, the report of the Director of Development Services shall also state how the tentative map complies with the requirements of the certified local coastal program. Pursuant to Government Code Section 66452.3, if the tentative map is for a condo conversion, the existing residents within the tentative map shall be provided a copy of the staff report at least three days prior to the Planning Commission meeting. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(3). Formerly 18.12.070).

The Commission shall consider the tentative map as submitted by the subdivider together with the recommendations prepared by the City Engineer and the Director of Development Services. The Director of Development Services may, with a minimum of three working days prior to the Commission’s consideration of the project, require that all or any part of the boundaries and/or streets of a proposed subdivision be flagged at the site to facilitate any field review of the Commission. The Commission shall report, in writing, on the map of any subdivision submitted to it within 50 days after the tentative map has been filed, which report shall recommend to the Commission approval, conditional approval or disapproval of the tentative map. The 50-day time period shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The number, size and configuration of lots to be created and the alignment and width of streets and easements shall be clearly depicted upon the tentative map prior to recommendation of the Commission. Conditions to make the tentative map approvable, which involve modifications to lots in terms of number, size or configuration, or to streets in terms of alignment or width, may be set forth by the Commission for the guidance of the subdivider. However, when such conditions are substantial, the Commission may require that these changes be incorporated upon a revised tentative map and returned to the Director of Development Services who shall have the authority to determine on behalf of the Commission if the map is clearly in conformity with the conditions established by the Commission. The Director of Development Services may, at his discretion, require that the revised map be submitted to the Commission for further review in any instance where the map is not clearly in conformity with such conditions. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2091 § 1, 1984; Ord. 1369, 1971; prior code § 28.205(4). Formerly 18.12.080).

On the date set for consideration of the tentative map, the Commission shall approve the tentative map if it finds that the tentative map complies with the requirements of this chapter. If the Commission finds that the tentative map does not meet the requirements of this chapter, it shall conditionally approve or disapprove said map. In the coastal zone, the tentative map shall, in addition, meet the requirements of the certified local coastal program and not result in the creation of a parcel or lot proposed for development that is totally located within an environmentally sensitive habitat area or flood hazard area. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 2091 § 1, 1984; Ord. 1369, 1971; prior code § 28.205(5). Formerly 18.12.090).

In the event that an interested party is dissatisfied with a determination of the Planning Commission, they may appeal to the City Council by filing a written statement with the City Clerk stating the reasons for appeal within 10 calendar days following the determination. Once a valid application for appeal has been filed, the City Clerk shall take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. The decision of the City Council shall be final. (Ord. 3623 § 3, 2026; Ord. 3544 § 12, 2023; Ord. 3256 § 1 (Exh. B), 2013).

In approving a tentative map, the Council may grant a suspension of any of the subdivision requirements set forth in CVMC 19.14.190. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.206. Formerly 18.12.120).

In certain instances, Planning Commission shall hold a hearing on the tentative map prior to their determination. Those specific situations follow:

A. If the Subdivision and Development Committee determines that a tentative map is possessed of sufficient public or community interest to justify the holding of a public hearing by the Commission prior to action being taken on the tentative map, it may request the Director of Development Services to set such hearing before Commission.

• B. If a suspension or variance is requested. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(6). Formerly 18.12.100).

In the event that a public hearing is held, notice shall be mailed to the subdivider and to the owners of all property within 500 feet of the exterior boundaries of the property involved at least 10 calendar days prior to the date of the hearing. The last known name and address of each owner as shown on the records of the County Assessor may be used for the aforementioned notice. In the coastal zone, notice shall be given at least 10 calendar days before the public hearing of the time, date, and place of such hearing, including a general description of the area to be affected, and the street address, if any, of the property involved. Said notice shall be published at least once in a newspaper of general circulation in the City. In addition, notice of the hearing shall be given by mail or delivery to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property within 500 feet of the property that is the subject of the proposed change, as well as all residents within 100 feet of the property which is the subject of the proposed change, the California Coastal Commission, and any person who has filed a written request with the Director of Development Services. Such a request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. A reasonable fee may be imposed on persons requesting such notice for purpose of recovering the cost of such mailing. Substantial compliance with these provisions shall be sufficient, and technical failure to comply shall not affect the validity of any action taken pursuant to the procedures of this chapter or the certified local coastal program. (Ord. 3623 § 3, 2026; Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985. Formerly 18.12.105).

The Director of Development Services shall notify the subdivider, in writing, of the action taken by the Commission. In the coastal zone, the Director of Development Services shall provide notice within seven calendar days of the final decision on the application for a tentative map. Such notice shall include conditions of approval, if any, written findings to support the decision, and the procedures for filing an appeal to the Coastal Commission, if applicable, and shall be sent by first class mail to the subdivider, the Coastal Commission, and any person who specifically requested notice of final decisions on subdivision applications. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.205(7). Formerly 18.12.110).

One copy of the map and accompanying data, together with the Commission’s report and a record of the Commission’s action with conditions of approval, if any, shall be filed in the office of the Department of Development Services and retained until recordation of the final map or maps encompassing the total area included in the tentative map. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code § 28.207. Formerly 18.12.130).

The approved or conditionally approved tentative map shall expire in 36 months in accordance with the total authorized period of the present or as-amended requirements of Section 66452.6 of the Map Act, unless it is extended in accordance with the provisions of CVMC 18.12.190. Within such time period or the period of any extension thereof, the subdivider may cause a final map to be prepared and submitted to the City Engineer for approval or disapproval in accordance with the tentative map as approved or conditionally approved and in accordance with the Map Act and the provisions of this title. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2790, 1999; Ord. 2100 § 1, 1985; Ord. 2008 § 1, 1982; Ord. 1369, 1971; prior code § 28.208. Formerly 18.12.140(A)).

The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the Director of Development Services. Such application shall be filed at least 30, and not more than 90, calendar days before the approval or conditional approval is due to expire. The application shall state the reasons for the requested extension. The Director of Development Services shall determine whether a public hearing is required based on changing conditions in the area. After conducting a public hearing or reviewing the requested extension, the Commission may approve or deny the requested extension. An extension shall not exceed 24 months as provided in Section 66452.6(e) of the Map Act. (Ord. 3256 § 1 (Exh. B), 2013; Ord. 3153 § 2 (Exh. C), 2010; Ord. 2790, 1999; Ord. 2100 § 1, 1985; Ord. 2008 § 1, 1982; Ord. 1369, 1971; prior code § 28.208. Formerly 18.12.140(B)).