El Centro Municipal Code Art. III Tentative Maps—procedure

Except where a tentative map is waived by other provisions of this chapter, a tentative map shall be filed to create a subdivision of real property pursuant to the Subdivision Map Act and this chapter. The city shall not approve a final map or parcel map unless a tentative map of the subdivision has been previously filed and approved.

(Ord. No. 08-10, § 1)

All tentative maps shall be in the form prescribed by the rules and procedures of the advisory agency and the community development director and shall be accompanied by the information specified by those rules and procedures. Whenever the advisory agency finds that the real property to be subdivided is of such size or shape, is subject to such title limitations of record or is to be devoted to such a use that it is impossible or impractical for the subdivider to conform fully to the requirements of this chapter, it may waive or modify such requirements as it deems reasonable, provided however that any such waiver or modification of such requirements shall be in conformity with the intent and purpose of the Subdivision Map Act and this chapter.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 3, 4-2-13)

(a) When a subdivision, as defined herein, is a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

(b) Prior to or concurrent with the filing of a tentative map which contains a remainder parcel or which is located adjacent to undeveloped land, the subdivider shall submit a preliminary development plan (PDP) for such remainder parcel or adjacent undeveloped land. This PDP shall show how the land locking of the remainder parcel will be prevented and thus allow continuity and the orderly development of adjacent land. The PDP shall indicate thereon the street designs, drainage plans, park and school locations and such other information as may be necessary for the orderly and efficient development of the subject land. The approval of the PDP shall not bind either the subdivider or the city to the design of future tentative maps. Future tentative maps may deviate from the PDP if they do not violate the continuity of the street designs, improvement of the drainage system or other city requirements, as they are required. Approval of a PDP does not commit the city to any subsequent approvals in conformity with concepts of the PDP without conducting required public hearings before both the planning commission and city council.

(Ord. No. 08-10, § 1)

All tentative maps shall be in the form prescribed by the advisory agency and community development director and shall contain the following:

(1) Title of subdivision and description of property.

(2) Name and address of owner and subdivider.

(3) Name and address of person preparing map.

(4) Approximate acreage.

(5) North point.

(6) Scale in engineering units.

(7) Date.

(8) Boundary line.

(9) Location and name of streets.

(10) Width of proposed streets.

(11) Name, location and width of adjacent streets.

(12) Proposed street grades.

(13) Street grades beyond tract boundaries.

(14) Cross-section of proposed street improvements.

(15) Width of alleys.

(16) Width of easements.

(17) Dimensions of reservations.

(18) Existing structures and their disposition.

(19) Location of existing and proposed public utilities.

(20) Existing and proposed sewer lines.

(21) Elevation of sewers at proposed connections.

(22) Existing and proposed water mains.

(23) Existing and proposed fire hydrants.

(24) Existing culverts and drain pipes.

(25) Watercourses.

(26) Land subject to overflow, inundation or flood hazard.

(27) Railroads.

(28) Proposed lot lines and approximate dimensions.

(29) Approximate radius of curves.

(30) Building setback lines.

(31) Lands, parks and schools to be dedicated for public use.

(32) Existing topographic contours at one (1) foot intervals.

(33) Proposed land use, in conformity with existing zoning.

a. Residential.

b. Commercial.

c. Manufacturing.

d. Special/other.

e. Overlays.

(34) Name and map number of adjoining subdivisions.

(35) Existing use of property immediately surrounding the tract.

(36) If tentative map is vesting tentative map, it shall have printed conspicuously on its face "Vesting Tentative Map."

(37) Proposed traffic calming measures.

(38) Complete streets elements as required in chapter 23, article V.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 4, 4-2-13; Ord. No. 24-03, § 9, 9-17-24)

A tentative map filed as provided in this article shall be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:

(1) Development plan. Subdivision development plan.

(2) Water supply. Source, quality and an estimate of available quantity of domestic water supply.

(3) Fire hydrants. Maximum interval not to exceed three hundred (300) feet, except in rural areas.

(4) Street improvements, etc. Type of street improvements and utilities which the subdivider proposes to install.

(5) Sewage disposal. Proposed method of sewage disposal.

(6) Storm water retention. Proposed storm water retention basin in accord with city adopted standards.

(7) Storm sewers. Proposed storm water sewer (grade and size).

(8) Trees. Proposed tree planting within public right-of-way.

(9) Preliminary title report.

(Ord. No. 08-10, § 1)

A minimum of eighteen (18) copies of the tentative map shall be filed with the community development director and shall be processed in accordance with the Subdivision Map Act and the provisions of this chapter. The subdivider shall file as many additional copies of the tentative map as may be required by the community development director.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 5, 4-2-13)

(a) Upon the filing of the required number of copies of a tentative map with the community development director, one (1) copy thereof shall be immediately forwarded to the county planning commission.

(b) If a state highway is involved, the community development director shall forward a copy of the tentative map to the district engineer of the state department of transportation.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 6, 4-2-13)

Whenever the city, town or subdivision of land is platted or subdivided into lots or blocks, and whenever any addition to the city, town or subdivision is laid out into lots or blocks for the purpose of sale or transfer, the city engineer, under the direction and with the approval of the city council, may make an official map of the city, town or subdivision; giving to each block on the map a number, and to each lot or subdivision in the block a separate number or letter, and giving names to such streets, avenues, lanes, courts, schools or parks, as may be delineated on the official map.

(Ord. No. 08-10, § 1)

The city engineer may compile the maps on file; resurvey, renumber or reletter the lots and blocks; or change the names of the streets.

(Ord. No. 08-10, § 1)

The subdivider should confer with the city engineer and community development director before preparing a tentative map of the proposed subdivision. When a tentative map is filed as provided in this article, the review process shall be as follows:

(1) Procedure for notification. A notice of public hearing shall be given in all of the following ways:

a. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

b. Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, street, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

c. Notice of hearing shall be mailed at least ten (10) days prior to the hearing to all owners of real property shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the hearing, or more recent ownership information maintained by the county assessor or tax collector.

d. Published at least once in a newspaper of general circulation in the city not less than ten (10) days prior to the date of hearing.

e. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice shall also be given by mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard.

(2) The city engineer and community development director shall make a detailed examination of the tentative map and the property as may be necessary to enable them to ascertain compliance with this chapter, other applicable ordinances and the Subdivision Map Act.

(3) The community development director shall prepare a report incorporating input from the city engineer, health officer, fire code official, other appropriate city and county departments, and public utility districts and companies with respect to the design of the proposed subdivision as well as the kind, nature, extent and timing of the proposed improvements, including but not limited to street, sewer, water, school and fire protection. The report shall include a recommendation of denial, approval or conditional approval. If the recommendation is for conditional approval, the report shall include recommendation of conditions of approval.

(4) A flowchart of the map approval process is described in appendix "A" at the end of this chapter.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 7, 4-2-13)

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading, drainage and erosion control, including the prevention of sedimentation or damage to off-site property.

(Ord. No. 08-10, § 1)

(a) The planning commission may recommend disapproval of a tentative map because of flood hazard and inundation, and recommend protective improvements to be constructed as a condition of approval, should the map be approved by the city.

(b) The planning commission shall determine whether the discharge of waste from the propose subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a state regional water quality control board. In the event that the planning commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may recommend disapproval of the tentative map.

(Ord. No. 08-10, § 1)

Following public notice as provided herein, all tentative maps shall require a public hearing as follows:

(1) The planning commission shall approve, or recommend denial of all tentative maps of four (4) or fewer parcels, excluding any remainder parcels, for which a parcel map or certificate of compliance is to be recorded.

(2) The planning commission shall recommend approval, conditional approval, or denial of all tentative maps of five (5) or more lots or parcels, excluding any remainder parcel.

(3) The city council shall have final authority to approve, conditionally approve, or deny all tentative maps of five (5) or more lots or parcels, excluding any remainder parcel; and to approve, conditionally approve or deny any tentative map for which an appeal has been made pursuant to this chapter.

(4) The city council shall have final authority to approve, conditionally approve, or deny all tentative maps for which the community development director or planning commission has recommended denial.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 8, 4-2-13)

(a) No tentative map shall be approved or conditionally approved unless the approval authority finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan of the city or specific plan.

(b) The community development director and planning commission shall recommend denial, and the city council shall deny approval of a tentative map, if it makes any of the following findings:

(1) That the proposed map is not consistent with the applicable general and specific plans.

(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and 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 are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(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; provided, however, the city council may approve a map 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.

(Ord. No. 08-10, § 1; Ord. No. 13-15, § 9, 4-2-13)

The subdivider, any tenant of property proposed to be subdivided, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or any interested person who filed a written protest prior to the close of the public hearing or who appeared at the public hearing and spoke on a matter at issue, may appeal any decision of the planning commission to the city council. Such appeal shall be in writing and be received by the city clerk within ten (10) days following the action of the planning commission. After the filing of an appeal, the city council shall set the matter for hearing within thirty (30) days. Notice of such appeal hearing shall be given by the city clerk in accordance with section 24-24(1) of this chapter.

(Ord. No. 08-10, § 1)

(a) Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months from the date the map was approved or conditionally approved.

(b) Extension. Prior to the expiration of the tentative map, the subdivider may request a time extension of the tentative map approval or conditional approval written application. Such application may be filed any time within ninety (90) days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension.

(c) Public hearing required. A request for time extension shall follow the same procedure for public notice and hearing as required for original tentative map approval.

(d) Time limit on extensions. An extension or extensions of tentative map approval or conditional approval shall not exceed an additional twelve (12) months from the expiration date of the original approval or conditional approval.

(e) Additional time for off-site improvements. If the subdivider is subject to a requirement, as determined by the city engineer, of one hundred seventy-eight thousand dollars ($178,000.00) or more to construct, improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map shall extend the expiration of any remaining portion of the approved tentative map, by thirty-six (36) months from the date of its expiration, to a maximum of ten (10) years from the date of its original approval. Commencing January 1, 2005 and each calendar year thereafter, the amount of one hundred seventy-eight thousand dollars ($178,000.00) shall be annually increased by operation of law according to the adjustment for inflation as provided in Government Code section 66452.6.

(f) Effect of map modification on expiration. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(g) Additional time pursuant to government code. To the extent that Government Code section 66452.6 may confer, or hereafter be amended to confer, an additional term of tentative map approvals or extensions of time, such shall be applicable to this chapter.

(h) Vesting tentative map. The rights conferred by a vesting tentative map pursuant to the Subdivision Map Act shall last for an additional term of one (1) year beyond recording of the final map.

(Ord. No. 08-10, § 1)

As a condition of approval of a tentative map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels within the subdivision that are needed for streets and alleys, including access rights and abutter's rights, drainage, public utility and cable television easements and other public easements. In addition, the subdivider shall improve or agree to improve all streets and alleys, including access rights and abutter's rights, drainage, public utility and cable television easements, and other public easements.

(Ord. No. 24-03, § 10, 9-17-24)