§ 19.72

This Chapter establishes requirements for the preparation, filing, approval or denial of tentative maps, consistent with the requirements of the Act.

19.72.020 - Tentative map preparation, application contents.

A.

When required.

1.

A tentative map shall be submitted for a subdivision for which a tentative parcel or tract map is required by Government Code Sections 66410 et seq.

2.

The requirements specified in this Chapter shall apply to all applications for tentative parcel and tract maps.

B.

Application and filing fees required.

1.

An application shall be filed on forms provided by the Department.

The application shall be accepted for filing only upon payment by the applicant of a filing and processing fee in compliance with the Planning Fee Schedule.

3.

An applicant may, in writing, withdraw the application at any time during the processing of the application.

4.

In compliance with adopted City policy, any refund of any of the filing and processing fees paid in connection with the application may only occur on a pro-rated basis in compliance with Section 19.112.050 (Application and Other Related Fees).

5.

Within 30 days of receiving an application and the application filing fee, the Director shall inform the applicant in writing whether the application is deemed complete for the purpose of complying with Government Code Chapter 4.5 and Section 19.112.070 (Initial Review of Application).

A.

Submission of tentative maps.

1.

The subdivider is strongly encouraged to confer with the Director before preparing and submitting the tentative map.

2.

Submission of a tentative map shall not constitute filing with the City until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees are deposited with the Department and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board in compliance with Government Code Sections 65962.5(d) and (f).

3.

The subdivider shall file with the Department the number of tentative maps the Director shall deem necessary, together with evidence as to the ownership of the land proposed to be divided.

4.

Failure to submit all materials and statements required by this Section shall constitute grounds for rejection of the application.

B.

Prepared by civil engineer or surveyor. Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed surveyor.

C.

Maps to be clearly drawn. tentative maps shall be clearly and legibly drawn on one sheet.

1.

Whenever practicable, map sheets should be no less than 18 inches by 26 inches. The review authority may approve a modification in map sheet size when necessary to adequately show the subdivision. A oneinch margin shall be left between the trim line and the borderline.

2.

The maps shall be prepared at a readable scale, but in general in no case shall the scale be less than one inch equals 100 feet or a scale as request by the City.

3.

All lettering shall be one-eighth-inch minimum.

4.

Tentative maps shall contain, at a minimum, all of the following information, as well as any additional information that may be specified in the application form:

a.

A title, which shall contain the subdivision number, subdivision name, and type of subdivision.

b.

Name and address of the legal owner, the subdivider, and person preparing the map, including registration or license number.

c.

A sufficient legal description to define the boundary of the proposed subdivision.

d.

Date, north arrow, scale, contour interval, and source and date of existing contours.

e.

Existing and proposed land use(s).

f.

A vicinity map showing data sufficient to locate the proposed subdivision and show its relation to the community.

g.

Existing topography of the proposed site and at least 100 feet beyond its boundaries or covering the entire drainage area, whichever is greater, including but not limited to all of the following:

(1)

Existing contours at one-foot intervals, or as required by the City Engineer.

(2)

The approximate location of all trees standing within the boundaries of the division of land and a clear indication as to which trees are to be removed. The location of all trees with a diameter greater than six inches, measured three feet above grade, shall be clearly indicated, and a statement on the existing ground cover shall also be submitted.

(3)

The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.

(4)

The approximate location of all areas subject to inundation or storm water overflow and the direction, location, and width of flow of each water course.

(5)

The grade, location, pavement and right-of-way width, and name of existing streets or highways.

(6)

The identity, location, and widths of all existing easements.

(7)

The location and size of existing sanitary sewers, storm drains, and water mains and the approximate slope of existing sewers and storm drains shall be clearly indicated. The location of existing overhead and underground utility lines on peripheral streets shall be clearly indicated.

5.

The tentative map also shall show, or be accompanied by the required number of copies of reports and written statements from the subdivider giving essential information regarding all of the following matters:

a.

Source of water supply.

b.

Type of street improvements and utilities which the subdivider proposes to install.

c.

Proposed method of sewage disposal.

d.

Proposed stormwater sewer or other means of drainage (grade and size).

e.

Protective covenants to be recorded.

f.

Proposed tree planting.

g.

A geological and/or soils report, if required by the City Engineer, prepared by a licensed geologist and/or registered civil engineer, stating the effect of geological or soil conditions on the proposed development.

h.

An Environmental Initial Study and/or input for a Draft Environmental Impact Report, as determined by the Director.

i.

For all condominiums, stock cooperatives, and planned unit developments, a site plan shall be submitted with the tentative map. The site plan shall contain all of the information required for a Site Plan and Design Review in compliance with Chapter 19.122 (Site Plan and Design Reviews).

D.

Proposed improvements. Proposed improvements required to be shown shall include, but not be limited to, all of the following:

1.

The grade, location, centerline and curb return radii and arc length of curves, pavement, right-of-way width, and names of all proposed adjacent streets

2.

Typical sections of all existing and proposed streets

The location, nature, and width of all easements

4.

The approximate parcel layout and the approximate dimensions of each parcel and of each building site. Engineering data shall show the approximate finished grade of each parcel

5.

Location and nature of all proposed recreation facilities

6.

Location and nature of all proposed common areas and areas to be dedicated for public open space or reserved for common private open space

7.

The elevation, location, and size of proposed sanitary sewers, storm drains, and water mains

8.

Location and nature of all proposed slopes

9.

Dimensions of setbacks for proposed structures

10.

Phasing lines for proposed developments

E.

Name(s) of any geologist or soils engineer. The name(s) of any geologist or soils engineer whose services were utilized in the preparation of the design of the tentative map.

F.

Additional data and reports required. Tentative maps shall be accompanied, at a minimum, by the following data or reports, as well as any additional data and reports that may be required by the Director to facilitate review of the tentative map:

1.

Title report. A preliminary title report dated no older than within 90 days of the filing date of the tentative map.

2.

Owner's affidavit. Written verification that the fee owner(s) of the real property have consented to the filing of the tentative map.

G.

Referral to affected agencies.

1.

Required referrals. The Director shall refer a tentative map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, City agencies and departments, local agencies, public utilities, special districts, and State agencies.

2.

Anticipated type of response. The agencies that receive a tentative map application are expected to respond to the Department with an evaluation of the proposal, a list of items (e.g., hydrology study, title report, traffic study, etc.) that may need to be filed and considered during the evaluation phase, and a list of proposed conditions of tentative map approval.

3.

Time limits for referral and response.

a.

As required by Government Code Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 19.112.070 (Initial Review of Application).

b.

An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the tentative map application.

H.

Environmental review.

1.

The Director, upon receipt of a tentative map application, shall conduct an environmental analysis.

2.

If a draft Environmental Impact Report is required, the application for tentative map approval shall not be considered completed until an Environmental Impact Report is ready for presentation to the Commission.

19.72.040 - Staff report and recommendation.

A.

Preparation of an evaluation.

1.

Director shall prepare evaluation. The Director shall prepare an evaluation in compliance with Government Code Section 66452.3 describing the conclusions of the tentative map application review.

2.

Mailing of copies of evaluation. Copies of the evaluation shall be mailed to the subdivider (and each tenant of the subject property, in the case of a residential condominium conversion [Chapter 19.84]) at least three days before any hearing or action on the tentative map by the review authority in compliance with Chapter 19.146 (Public Notices and Hearings).

a.

City department evaluations and recommendations. Wherever possible, the evaluations and recommendations of the City departments shall be presented to the Director.

b.

Required action in the case of waste discharge violations. The City Engineer shall advise the Director as to whether the discharge of waste from the proposed subdivision into an existing community sewer system will result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board in compliance with Water Code Section 13000 et seq.

19.72.050 - Tentative map public hearing and action.

A.

Applicable review authority. The applicable review authority is set forth in Table 5-1.

B.

Scheduling of review authority's action. The review authority shall approve, conditionally approve, or deny a tentative parcel or tract map application within 60 days from the date of adoption by the lead agency of a Negative Declaration, Mitigated Negative Declaration, or determination that the project is exempt from CEQA, or if an Environmental Impact Report is required, within 180 days after certification of the Final Environmental Impact Report.

C.

Notice and public hearing required.

1.

The review authority shall hold a noticed public hearing on a tentative parcel or tract map.

2.

Notice of the public hearing shall be given and the hearing shall be conducted in compliance with Government Code Sections 66410 et seq. and Chapter 19.146 (Public Notices and Hearings).

3.

Posting of the site shall also be required.

a.

The City shall post the property being subdivided not less than 10 days before consideration of the proposed subdivision.

b.

The notice shall consist of the words, "notice of proposed subdivision of property," printed in plain type with letters of not less than one inch in height and a statement specifying a description of the property under consideration, the nature of the proposed subdivision, and the time and place at which the matter will be considered.

c.

If more than one parcel of property is involved, then notice shall be posted not more than 100 feet apart on each side of the street upon which the property fronts for a distance of not less than 300 feet in each direction from the subject property.

D.

Review authority's action is conclusive. In the absence of a timely filed written appeal in compliance with Chapter 19.144 (Appeals), the decision of the review authority shall be final and conclusive.

In order to approve or recommend the approval of a tentative parcel or tract map and conditions of approval, or to deny a tentative parcel or tract map, the review authority, as designated in Table 5-1, (Designated Review Authorities), shall first make the findings required by this Section. In determining whether to approve a tentative parcel or tract map, the City shall apply only the ordinances, policies, and standards in effect on the date the Department determined that the application was complete in compliance with Section 19.72.030 (Tentative Map Filing, Initial Processing), except where the City has initiated General Plan, specific plan, or Development Code changes, and provided public notice as required by Government Code Section 66474.2.

A.

Required findings for approval.

1.

Mandatory findings. The review authority shall approve a tentative parcel or tract map only after first making all of the following findings, as required by Government Code Sections 66474 and 66474.6. The

findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel specified as a designated remainder in compliance with Government Code Section 66424.6.

2.

Additional specific findings. Additional specific findings shall be made by the review authority before approval or conditional approval of a tentative parcel or tract map, as applicable to the application, such as if the proposed subdivision is a conversion of residential real property into a condominium, a community apartment project, or a stock cooperative, the review authority shall first make the additional finding that the proposed subdivision complies with the requirements of Government Code Sections 66427.1(a) and 66452 before approving the proposed subdivision.

3.

Findings under an EIR. Notwithstanding the finding required by subparagraph A.1.c., above, the review authority may approve a tentative map, or a parcel map for which a tentative map was not required, if an Environmental Impact Report (EIR) was prepared for the project and a finding is made in compliance with Public Resources Code Section 21081 Subdivision (a) Paragraph (3), that specific economic, social, or other considerations make the mitigation measures or project alternatives specified in the EIR infeasible.

B.

Supplemental findings. In addition to the findings specified in subsection A., above, the review authority shall not approve a tentative parcel or tract map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

1.

Construction of improvements. In the case of a tentative map for a subdivision that will require a subsequent parcel map, the construction of improvements for the subdivision within a specified time after the recordation of the parcel map is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area.

2.

Waiver of parcel map. The findings required by Section 19.74.020 (Waiver of Parcel Map), if waiver of a parcel map has been requested with the tentative map application.

C.

Time limits. The time limits for acting and reporting on tentative parcel or tract maps and appeals, as specified in this Article and by the Act, may be extended by mutual consent of the subdivider and the review authority.

D.

Appeals. The subdivider or any interested person adversely affected by a decision of the review authority with respect to a tentative parcel or tract map may appeal, in compliance with the applicable appeals procedures specified in Government Code Section 66452.5, Chapter 19.144 (Appeals), and as follows:

1.

If the Commission is the review authority, then the appeal shall be to the Council which is established as the appeals board;

2.

If the review authority is not the Commission, then the first appeal shall be to the Commission. The Commission's decision may be appealed to the Council.

Along with the approval of a tentative parcel or tract map, the review authority may adopt any conditions of approval deemed reasonable and necessary to carry out the purposes of this Development Code, including conditions regarding the matters described in Subsection A., below; provided, that all conditions shall be consistent with the requirements of the Act.

A.

Dedications and improvements.

1.

As a condition of approval of a map of five or more parcels, the City may require dedications and improvements as necessary to ensure that the parcels to be created:

a.

Are provided with adequate public services and utilities, including any appropriate cable television services, to meet the needs of future residents or users;

b.

Are of adequate design in all respects in compliance with this Development Code;

c.

Act to mitigate any potential environmental impacts specified in the Environmental Impact Report (EIR) or by other means; and

d.

Provide for proper grading and erosion control, including the prevention of sedimentation or damage to offsite property.

2.

All improvements shall comply with adopted City standards.

B.

Access.

1.

Except as provided below, parcels created by a subdivision of land shall abut upon a recorded dedicated public right-of-way of a width as established by the City's Major Facilities Street Ordinance, or shall be ensured of access to the City road system by an approved access which connects a parcel(s) to a maintained public street or State highway.

2.

Private road easements may be approved for access to each parcel if it is determined that public street access cannot be provided due to certain title limitations or topographical conditions.

3.

Road easements of record established before the effective date of this Article shall be recognized as legal access to each parcel of the proposed subdivision.

4.

Existing traveled roads for which a court has determined that a prescriptive right by users exists for public use shall be recognized as legal access to each parcel of the proposed subdivision.

C.

Conditions modifying subdivision design—Time for compliance. When modifications in design require a change in the conditions of approval of a parcel map or tentative tract map, the subdivider shall, at least 30 days before the submission of a final map, submit the appropriate number of copies of the tentative map as modified to the Department for review for confirmation by the City Engineer.

The approval of a tentative map shall become effective for the purposes of filing a final tract or parcel map, including compliance with the conditions of approval, 10 days following the date of decision by the applicable review authority in compliance with Government Code Section 66452.5, if no appeal is filed in compliance with Chapter 19.144 (Appeals).

A.

Effect of approval on prior approvals. The approval or conditional approval by the review authority of any revised or new parcel map or tentative map shall annul all previous subdivision designs and approvals for the same site.

B.

Compliance with conditions, improvement plans. After approval of a parcel map or tentative tract map in compliance with this Article, the subdivider shall proceed to fulfill the conditions of approval within any time

limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file, and receive approval of improvement plans in compliance with Chapter 19.78 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

C.

Parcel or final map preparation, filing, and recordation.

1.

A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 19.74 (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 19.74.020 (Waiver of Parcel Map).

2.

A final map for a subdivision of five or more parcels shall be prepared, filed, processed, and recorded in compliance with Chapter 19.74 (Parcel Maps and Final Maps), to complete the subdivision.

3.

Project phasing and the filing of multiple parcel or final maps shall be in compliance with this Chapter.

A.

Purpose. The purpose of this Section is to establish procedures necessary for the implementation of the provisions of Government Code Section 66452 relating to vesting tentative maps.

B.

Application filing.

1.

Whenever a provision of the Act or this Chapter requires the filing of a tentative parcel or tract map, a vesting tentative map may instead be filed.

2.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as is required of tentative maps in compliance with this Chapter, except as otherwise provided in this Section.

3.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

At the time a vesting tentative map is filed a subdivider shall also supply all of the following information.

a.

The height, location, and size of all existing and proposed structures.

b.

Detailed information on the use(s) of the existing and proposed structures.

c.

Architectural plans for tract development or design guidelines for custom subdivisions.

d.

Detailed circulation information (existing and proposed). This information may include area wide traffic data sufficient for the City to determine future circulation needs.

e.

Detailed grading plans.

f.

Flood control information.

g.

Hazardous materials - Level 1 Study.

h.

Road, sewer, storm water, and water details.

i.

Soils report.

j.

Any other studies the Director and/or City Engineer may require to thoroughly evaluate the project.

k.

The Director may require the filing and concurrent review of other related development applications where it is necessary for the review and implementation of the vesting tentative map.

C.

Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Act and/or this Chapter

for the expiration of approved or conditionally approved tentative maps.

D.

Vesting on approval of vesting tentative map.

1.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with Government Code Section 66474.2.

2.

However, if Government Code Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map was approved or conditionally approved.

3.

Notwithstanding Subparagraph 1., above, the review authority may condition or deny a permit, approval, extension, entitlement, or require an amendment to the map if it first determines any of the following:

a.

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

b.

The condition or denial is required in order to comply with State or Federal law.

4.

The review authority may alter any condition(s) of a vesting tentative map through an amendment in compliance with Section 19.74.070 (Correction and Amendment of Maps) or Section 19.72.120 (Amendments to Approved Tentative Maps) in order to protect against conditions dangerous to public health and safety or to comply with State or Federal law.

E.

Expiration of vested rights.

1.

The vested rights referred to in this Section shall expire if a final map is not approved before the expiration of the vesting tentative map, as provided in the Act.

2.

If the final map is approved, the vested rights shall last for the following periods of time:

a.

An initial time period of 12 months.

b.

A subdivider may apply for a 12-month extension 30 days before expiration in compliance with Subsection C. (Expiration), above.

c.

If the extension is denied, the subdivider may appeal that denial within 15 days after the denial, in compliance with Chapter 19.144 (Appeals).

A.

Valid timeframe. An approved tentative parcel or tract map is valid for 24 months after its effective date, except as otherwise provided by Government Code Section 66452.6, which, under specified circumstances, allows for a tentative map to be deemed valid for 36 months unless otherwise extended in accordance with the provisions of this Article and the Act.

B.

Expiration of an approved map.

1.

Expiration of an approved tentative parcel or tract map or vesting tentative map shall terminate all proceedings.

2.

The application shall not be reactivated unless a new tentative parcel or tract map application is filed in compliance with this Article.

C.

Filing of extension request.

1.

The time limits for acting on maps and associated appeals, as specified in this Article and Government Code Sections 66410 et seq., may be extended by mutual consent of the subdivider and the applicable review authority.

2.

An extension request shall be in writing and shall be filed with the Director not less than 30 days before the date of expiration of the approval or previous extension, together with the required filing fee in compliance

with the Planning Fee Schedule.

D.

Approval of first extension—City engineer. The City Engineer may grant one 12-month extension to the initial time limit, only after first finding all of the following:

1.

There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel or tract map;

2.

There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and

3.

There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.

E.

Additional extensions—Commission.

1.

The Commission may grant additional extensions to the initial time limit, only after first making all of the findings specified in Subsection D., above.

2.

The aggregate period of time for all extensions shall not exceed the maximum limits specified in Government Code Section 66452.6.

F.

Appeal of decision. If the tentative map extension request is denied, the subdivider may appeal the denial within 10 days after the effective date of the denial of the extension in compliance with Chapter 19.144 (Appeals).

G.

Filing of a lawsuit.

1.

If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative parcel or tract map, the subdivider may apply to the City within 10 days of the service of the initial petition or complaint upon the City for a stay of the time in which a tentative parcel or tract map will expire.

2.

Within 40 days after receiving the request, the Director shall stay the map's expiration date until final conclusion of the action, if the Director determines that the action affects the validity of the tentative parcel or tract map approval.

19.72.120 - Amendments to approved tentative maps and conditions.

A.

Minor changes to approved tentative maps—Director. A subdivider may request minor changes or amendments to an approved tentative parcel or tract map or its conditions of approval before recordation of a final map in compliance with this Section. Changes to a parcel or final map after recordation are subject to Section 19.74.070 (Correction and Amendment of Maps).

B.

Minor changes defined. Minor changes or amendments to a tentative parcel or tract map that may be requested by a subdivider in compliance with this Section include minor adjustments to the location of proposed parcel lines and improvements, and reductions in the number of approved parcels (but no increase in the number of approved parcels), and any changes to the conditions of approval, consistent with the findings required by Subsection F. (Required Findings for Approval), below.

C.

Changes other than minor changes. All proposed changes or amendments not covered by this Section shall require the filing and processing of a new tentative parcel or tract map in compliance with this Chapter.

D.

Application for changes. The subdivider shall file an application and filing fee, in compliance with the Planning Fee Schedule, with the Department, using the forms furnished by the Department, together with the following additional information:

1.

A statement identifying the tentative parcel or tract map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2.

Any additional information deemed appropriate by the Director.

E.

Processing of application. Proposed changes to a tentative parcel or tract map or conditions of approval shall be processed using the same procedures as the original tentative parcel or tract map, except as otherwise provided by this Section.

F.

Review authority. The Director shall be the review authority for reviewing and either approving or denying minor changes to approved tentative maps.

G.

Required findings for approval. The Director may approve changes or amendments to an approved tentative parcel or tract map or its conditions of approval if the Director first finds all of the following findings to be true, and that all of the applicable findings for approval required by Subsections 19.72.060 A. and B., above, can still be made:

1.

No parcels are added, deleted, or substantially altered;

2.

No proposed structure locations are substantially altered;

3.

The changes are consistent with the intent and spirit of the original tentative parcel or tract map approval; and

4.

There are no resulting violations of this Article, the Act, or other applicable laws.

H.

Effect of changes on time limits. Approved changes to a tentative parcel or tract map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 19.72.110 (Tentative Map Expiration and Extensions), above, nor extend any right(s) in compliance with a vesting tentative map.

I.

Recording of amendments. Minor changes or amendments shall be indicated on the approved map and certified by the Director.

The procedures and requirements related to appeals and public hearings in Article 8 (Development Code Administration) shall apply following the decision on a tentative map application.

Chapter 19.74 - FINAL TRACT AND PARCEL MAPS

Sections: