El Monte Municipal Code Ch. 16.21 Tentative Maps

A. Preparation. Applications for a tentative map shall be made on the appropriate form and in accordance with the Subdivision Map Act and this title. The tentative map shall be prepared by a registered civil engineer or licensed land surveyor.

B. Applications. The Community Development Director and City Engineer shall determine the minimum filing procedures, content and form of materials which must be submitted before the Planning Commission can review and take action on the request. The filing procedures and applications shall be published and made available to the public. No application shall be received unless it complies with all filing requirements. Refer to Section 16.10.080 (General Regulations—Projects with Multiple Applications or Actions) of this title if more than one entitlement or action is needed for the project (such as design review or a conditional use permit).

C. Records. Applications filed pursuant to this chapter shall use the map number provided by Los Angeles County and shall be part of the permanent official records of the Planning Commission.

D. Public Notices.

1. Public notices shall be provided and processed in a manner consistent with the provisions of California Government Code Section 65090 and/or 65091 as required, and shall be given by the method specified as follows:

a. Publish a notice once in a newspaper of general circulation in the city a minimum ten (10) days prior to each public hearing. The notice shall include the date, time, place of hearing and location of the property and the nature of the request.

b. Mail a notice, postage prepaid, to the applicant and to owners of all properties within a five hundred-feet radius. Such notice shall be mailed a minimum ten (10) days prior to each public hearing or director-level decision. The applicant shall use the last known name and address of such owners as shown upon the last assessment roll of the City.

c. Post the Property. A minimum of one notice shall be posted along each street frontage. The posting shall be placed in the ground or on a fence, wall or building façade that is set back no more than ten (10) feet from the street property line.

2. In the case of a proposed residential condominium conversion, notice shall also be given as required by Section 664510.3 of the California Government Code.

E. Subdivision Committee Review. The Subdivision Committee shall meet to review and make recommendations and comments on the tentative map. A summary of their recommendations or comments concerning the tentative map and its impact on the community should be incorporated into the planning Commission staff report and resolution.

F. Public Hearings and Decisions.

1. In determining whether to approve or disapprove an application for a tentative map, the Planning Commission shall apply only those ordinances, policies and standards in effect when the application is deemed complete, pursuant to Section 65943 of the California Government Code, except in the following instances:

a. The city has initiated proceedings to modify land use regulations by way of ordinance, resolution or motion.

b. The city has published legal notice containing a description sufficient to notify the public of the nature of the proposed change in the city's general plan, Zoning Code, any applicable specific plan or Subdivision Ordinance.

c. Whenever the city has performed both subsections (F)(1)(a) and (F)(1)(b) above of this subsection, it may apply any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the Planning Commission approves or disapproves the tentative map.

d. If the applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

2. A public hearing as provided for in this chapter shall be held before the Planning Commission at the time and place for which public notice has been given as before required in this chapter. The Planning Commission shall make its decision by resolution within fifty (500 days of the application being deemed complete. If an Environmental Impact Report (EIR) is required, the Planning Commission shall render its decision within forty-five (45) days after certification of the EIR.

3. In the case of a proposed residential condominium conversion, the Planning Commission shall make a recommendation and the City Council shall make the final decision.

G. Conditions of Approval. In approving a tentative map, the Planning Commission may impose conditions necessary to meet the requirements of this title.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A tentative map may be denied by the Planning Commission if any of the following findings can be made:

A. That the tentative map is not consistent with the purpose, goals and policies of the city's general plan, Zoning Code and any applicable specific plan;

B. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

C. That the site is not physically suitable for the type of development;

D. That the site is not physically suitable for the proposed density of development;

E. 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. However, if an environmental impact report was prepared for the project and a finding was made pursuant to Section 21081, Subdivision (c) of the Public Resources Code that specific economic, social and other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report, then the Planning Commission may still approve the tentative map;

F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

G. 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. In this connection, the governing body 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. This subsection shall apply only to easements of record and to easements established by judgment of a court of competent jurisdiction. No authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. The tentative map shall be valid for two (2) years from the effective date of approval by the Planning Commission.

B. If the applicant has proceeded in good faith toward the implementation of the final map or parcel map, as determined by the Community Development Director, the applicant may request a twelve-month extension. The applicant shall submit the request prior to the expiration date. The extension shall be considered by the Community Development Director within thirty (30) days of the request.

C. The applicant may request additional extensions for up to the maximum period of time specified in the Subdivision Map Act.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

Planning Commission decisions regarding this chapter are appealable to the City Council. Refer to Section 16.10.100 (General Regulations—Ability to Appeal) of this title for additional information. The effective date of the decision shall not commence until the deadline to appeal has expired.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)

A. Procedure for Filing an Amendment. The applicant shall file an application with the city, together with the following additional information:

1. A statement identifying the features of the tentative map or particular conditions to be changed and the changes requested, the reasons why the amendment is requested, and any facts that justify the changes; and

2. Any additional information deemed appropriate by the Community Development Director.

3. The Community Development Director shall determine whether the amendment is considered a minor or major revision.

B. Minor Revision to Tentative Maps. The Community Development Director may approve or deny the request. The minor revision may be considered as part of the final map or parcel map.

C. Major Revision to Tentative Maps. The Community Development Director may approve, deny or refer the request to the Planning Commission. If approved, the major revision shall be incorporated as part of the final map or parcel map.

(Ord. No. 3023, § 4.A(Exh. A), 5-2-2023)