Concord Municipal Code Art. I Tentative Maps and Tentative Parcel Maps

This article establishes procedures for submittal, review, and action on tentative maps and tentative parcel maps.

(Ord. No. 17-9 (Exh. A))

(a) Tentative maps. A tentative map is required for subdivisions of five or more parcels (major subdivisions) as described in Section 17.05.150 (Major subdivisions (five or more parcels)).

(b) Tentative parcel maps. A tentative parcel map is required for subdivisions of four or fewer parcels (minor subdivisions) as described in Section 17.05.160 (Minor subdivisions (four or fewer parcels)).

(Ord. No. 17-9 (Exh. A))

(a) Tentative maps. The Planning Commission shall take action on all tentative maps for major subdivisions.

(b) Tentative parcel maps. The Zoning Administrator shall take action on all tentative parcel maps for minor subdivisions.

(Ord. No. 17-9 (Exh. A))

Tentative maps and tentative parcel maps shall be prepared in accordance with requirements specified in the city’s application checklists for major and minor subdivisions.

(Ord. No. 17-9 (Exh. A))

Tentative map and tentative parcel map applications shall include all required fees, information, and materials as specified in the city’s application checklists for major and minor subdivisions.

(Ord. No. 17-9 (Exh. A))

Tentative map and tentative parcel map applications shall be submitted to the city and processed in accordance with Section 17.05.090 (Application submittal and review) and as follows:

(a) Application review.

(1) Preliminary review. The applicant shall meet with Department staff to review the application for completeness and accuracy prior to submittal.

(2) Determination of completeness. The Community and Economic Development Department’s determination of completeness shall be based on the city’s list of required application contents, any additional written instructions provided to the applicant during the initial application review period, and any other information required by this title and the Map Act.

(3) Notification of applicant. Within 30 calendar days of application filing, the Department shall inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required. If the application is deemed incomplete, the Department will provide the applicant with a comprehensive list of additional information to be submitted and reviewed before the Department can make the finding of a complete application.

(4) Environmental information. After the Department has accepted an application as complete, the Department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA).

(b) Referrals. The Department shall forward copies of application materials to other city departments, service providers, and interested governmental agencies for review and comment.

(c) Environmental review.

(1) CEQA review. After acceptance of a complete application, the city shall review the project in compliance with CEQA to determine whether:

a. The proposed project is exempt from the requirements of CEQA;

b. The proposed project is not a project as defined by CEQA;

c. Additional environmental studies are required;

d. A negative declaration or mitigated negative declaration is required; or

e. An environmental impact report (EIR) is required.

(2) Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents, shall be in compliance with CEQA and any adopted city CEQA guidelines.

(3) Special studies required. Special studies, paid for in advance by the applicant, may be required to supplement the city’s CEQA compliance review.

(d) Project evaluation and staff reports.

(1) Staff evaluation. The Department shall review all applications to determine if they comply with this title, the general plan, the Development Code, the Map Act, and other applicable city policies and regulations.

(2) Staff report. The Department shall prepare a staff report describing the proposed subdivision and including, where appropriate, a recommendation to approve, approve with conditions, continue, or deny the application.

(3) Report distribution. Staff reports shall be furnished to the applicant at the same time as they are provided to the review authority before action on the application.

(Ord. No. 17-9 (Exh. A))

The review authority shall take action on a tentative map or tentative parcel map application at a noticed public hearing in accordance with Chapter 18.500 (Public Hearings).

(Ord. No. 17-9 (Exh. A))

(a) Timing. The review authority shall take action on a tentative map or tentative parcel map application following completion of environmental review within the time frames specified in Government Code Section 65950.

(b) Findings. The review authority may approve the tentative map or tentative parcel map application only after making all of the following findings:

(1) The proposed map is consistent with the general plan, any applicable specific plan, any policy or guideline implementing the general plan, the Development Code, and all other applicable provisions of the Municipal Code.

(2) The site is physically suitable for the proposed type and density of development.

(3) 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.

(4) The design of the subdivision or the type of improvements will not cause serious public health problems.

(5) 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. The city may approve a tentative map if it finds that alternative easements for access will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This finding applies only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(6) The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accordance with Government Code Section 66473.

(7) Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Government Code Section 66473.7.

(c) Conditions of approval. The review authority may attach conditions to the approval of a tentative map or tentative parcel map as necessary to ensure compliance with the general plan, any adopted plans or design guidelines, the Development Code, or other applicable provisions of the Municipal Code.

(Ord. No. 17-9 (Exh. A))

(a) Timing of expiration. A tentative map or tentative parcel map approval expires after 24 months except where the city approves an extension of time as allowed by Section 17.10.100 (Map extensions).

(b) Effect of expiration. The expiration of a tentative map or tentative parcel map terminates all subdivision proceedings; no parcel map or final map may be filed without first processing a new tentative map or tentative parcel map.

(c) Subsequent actions after timely filing. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map or tentative parcel map. Delivery to the City Engineer in accordance with the requirements of this chapter shall be deemed a timely filing for purposes of this section.

(Ord. No. 17-9 (Exh. A))

An applicant may request city approval of an extension to the life of a tentative map or tentative parcel map in accordance with this section.

(a) Discretionary extensions.

(1) Maximum extension. An applicant may request city approval of a discretionary extension to the life of a tentative map or tentative parcel map for up to a maximum of six years.

(2) Review authority. The review authority for a requested discretionary extension shall be the same as for the original approval (i.e., Zoning Administrator for a tentative parcel map extension and Planning Commission for a tentative map extension).

(3) Application filing.

a. All discretionary extension requests shall be filed with the Department on an official city application form at least 10 days before the expiration date. The application shall be accompanied by all fees, information, and materials as required by the Department.

b. Once the application for a tentative map or tentative parcel map extension is timely filed, the map is automatically extended for 60 days or until the city acts on the extension, whichever occurs first.

c. The city may approve an application to extend a tentative map or tentative parcel map after the automatic 60-day extension period has expired, so long as the application itself was filed at least 10 days before the original expiration date.

(4) Public notice and hearing. The review authority shall hold a noticed public hearing to consider the requested discretionary extension in accordance with Chapter 18.500 (Public Hearings).

(5) Findings. The review authority may approve a discretionary extension only if all of the following findings can be made:

a. The portions of the general plan, specific plans, the Development Code, and other ordinances of the city applicable to the subdivision have not changed.

b. The character of the site and its surroundings that affect the applicability of the general plan, specific plans, the Development Code, and other ordinances of the city has not changed.

c. The capacity of public services, utilities, and roads serving the project has not decreased.

(6) Conditions of approval. As a condition of the extension of a tentative map or tentative parcel map, the review authority may impose new conditions, or revise existing conditions, on the approved map.

(7) Appeals and calls for review. City decisions on requested extensions may be appealed or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).

(b) Nondiscretionary extensions.

(1) As allowed by the Map Act, a tentative map or tentative parcel map may be eligible for additional nondiscretionary extensions, including the following:

a. Automatic extensions for phased final maps (Government Code Sections 66456.1, 66452.6(a)(1)).

b. Automatic statutory extensions granted by the State Legislature (Government Code Sections 66452.11, 66452.13, 66452.21, 66452.22, 66452.23, 66452.24).

c. Tolling periods results from a development moratorium or pending litigation (Government Code Sections 66452.6(b)(1), 66452.6(c)).

d. Extensions authorized by a development agreement with the city (Government Code Section 66452.6(a)(1)).

(2) Nondiscretionary extensions requested by an applicant consistent with the Map Act and other applicable law may be approved by the Zoning Administrator without a noticed public hearing.

(Ord. No. 17-9 (Exh. A))

Before a parcel map or final map is filed with the County Recorder, an applicant may request amendments to an approved tentative map or tentative parcel map in accordance with this section.

(a) Application. All requests for amendments to an approved tentative map or tentative parcel map shall be filed with the Community and Economic Development Department on an official city application form. The application shall be accompanied by all fees, information, and materials as required by the Department.

(b) Minor changes. The Zoning Administrator may approve minor changes to a tentative map or tentative parcel map without a noticed public hearing if the requested changes comply with the following criteria:

(1) The changes do not increase the number of lots, units or building sites within the subdivision.

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

(3) The changes do not involve a feature of the subdivision that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.

(4) The changes do not involve a feature of the subdivision that was a basis for conditions of approval for the project.

(5) The changes do not involve a feature of the subdivision that was a specific consideration by the review authority in granting the approval.

(6) The changes do not result in any violations of the general plan, applicable specific plan, the Development Code, or other applicable provisions of the Municipal Code.

(c) Substantive changes. Requested amendments to a tentative map or tentative parcel map that do not qualify as a minor change as defined in subsection (b) of this section (Minor changes) shall be processed and considered by the same approving authority for the original map.

(d) Effect of amendments. Approved changes to a tentative map or tentative parcel map shall not be considered as approval of a new map, and shall not extend the time limits provided by Section 17.10.090 (Map expiration), nor extend any rights in compliance with a vesting tentative map.

(e) Recording of amendments. Amendments to a tentative map or tentative parcel map shall be indicated on the approved map and certified by the Zoning Administrator and City Engineer.

(Ord. No. 17-9 (Exh. A))

(a) General. City decisions on tentative map or tentative parcel map applications may be appealed or called for review in accordance with Chapter 18.510 (Appeals and Calls for Review).

(b) Appeal bodies.

(1) Tentative maps. Planning Commission decisions on a tentative map application may be appealed to the City Council.

(2) Tentative parcel maps. Zoning Administrator decisions on a tentative parcel map application may be appealed to the Planning Commission.

(Ord. No. 17-9 (Exh. A))

(a) Function. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the city’s ordinances, policies, and standards in effect at the time the vesting tentative map application is deemed complete.

(b) When allowed. Whenever this title or the Map Act requires that a tentative map or tentative parcel map be filed, a vesting tentative map may instead be filed.

(c) Procedures – General. The process for application and city review and action on a vesting tentative map is the same as for a tentative map or tentative parcel map except as otherwise provided in this title or in the Map Act.

(d) Preliminary conference.

(1) During the preliminary conference for the vesting tentative map, city staff shall identify any additional informational items which shall be filed with the vesting tentative map to enable the city to adequately examine the vested rights being requested.

(2) Following the preliminary conference city staff shall submit to the applicant a written letter identifying additional requested information.

(e) Identification. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words “Vesting Tentative Map” or “Vesting Tentative Parcel Map.”

(f) Noted inconsistencies. If the vesting tentative map is for a subdivision whose intended development is inconsistent with the Development Code, this inconsistency shall be noted on the vesting tentative map.

(g) Duration. The rights conferred by a vesting tentative map last for a period of two years after the recording of the final map or parcel map. This period may be extended by the city as allowed by Section 17.10.100 (Map extensions).

(h) Amendments. If the city changes any ordinances, policies, or standards following the approval of a vesting tentative map, the subdivider may at any time prior to the map’s expiration apply for an amendment to the map to secure a vested right to proceed with the amended ordinances, policies, or standards.

(i) Expiration of rights. The rights conferred by an approved vesting tentative map shall expire if a final map or parcel map is not recorded prior to the expiration of the vesting tentative map.

(j) Exceptions. The city may condition or deny a permit, approval, extension, or entitlement in a manner contrary to a vesting tentative map only in the following cases:

(1) A failure to do so would place the residents of the subdivision or the immediate community in a condition dangerous to their health or safety.

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

(Ord. No. 17-9 (Exh. A))