Fontana Municipal Code Div. 2 Tentative Tract Map Requirements

A tentative tract map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Civil Code § 783, or a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

(Code 1968, § 28-6)

(a) All subdividers requesting approval of tentative tract maps shall file with the planning department a tentative tract map application in form, format and content as established by ordinance and resolution of the city council. The application shall be subject to the provisions of chapter 30, article XVI.

(b) At least one copy of the map shall be forwarded to each of the following agencies and departments, which shall have 21 calendar days after receipt thereof to comment or make recommendations with respect to the subdivision:

(1) Each government agency entitled by law to review and recommend thereon.

(2) The district engineer of the division of highways of the state, as provided by Business and Professions Code § 11528.1.

(3) The affected school districts.

(4) Publicly and privately owned utilities serving the area.

(Code 1968, § 28-7; Ord. No. 1906, § 9, 10-25-22)

At the time of filing for actions relative to a tentative tract map for a subdivision, the applicant shall pay to the city a filing fee in an amount to be fixed by resolution of the city council.

(Code 1968, § 28-8)

Every tentative tract map filed with the planning department shall adhere to the requirements specified in the tentative tract map application in effect at the time of submittal and shall be in accordance with section 30-1362.

(Code 1968, § 28-9)

(a) The planning commission shall hold at least one public hearing on the tentative tract map. Notice of the time and place of the hearing shall be given at least ten calendar days before the hearing in the following manner:

(1) Notice shall be given by publication (legal advertisement) in a local newspaper of general circulation in the city not less than one time.

(2) Notice shall be given to all property owners within a 300-foot radius of the exterior boundaries of the subject site. The notice shall be in writing, through the United States mail, with postage prepaid, using addresses from the last equalized assessment roll.

(b) Notices required under this section shall describe the proposed project, identify the applicant and provide the date, time and place the planning commission will consider the map.

(c) If the mailing is required to be sent to more than 1,000 addresses, then a newspaper display ad at least one-fourth page in size in a paper of general circulation throughout the city may be used in lieu of the direct mailing.

(d) The failure of any person to receive notice in accordance with the provisions of this section shall not constitute grounds for invalidation of actions taken by the planning commission.

(e) The planning commission shall approve any tentative tract map only if it makes the following findings:

(1) That the proposed map is consistent with the city's general plan and any applicable specific plan.

(2) That the design or improvements of the proposed subdivision are consistent with the general plan and any applicable specific plan.

(3) That the site is physically suitable for the type and density of development proposed.

(4) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

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

(6) That 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 planning commission 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 easements previously acquired by the public.

(Code 1968, § 28-10)

If no action is taken within 50 calendar days after an issuance of a notice of official filing by the planning department, unless this 50-day time period is extended by mutual agreement of the city and the subdivider, the tentative tract map as filed shall be deemed to be approved and it shall be the duty of the city clerk, upon request of the subdivider, to certify the approval.

(Code 1968, § 28-10.1)

(a) The subdivider, or any tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, may appeal from any action of the planning commission with respect to a tentative tract map or vesting tentative tract map to the city council. Any such appeal shall be filed with the planning department within ten calendar days of the planning commission's action from which the appeal is being taken.

(b) The city council shall hold at least one public hearing on the appeal no sooner than 15 calendar days but no later than 30 calendar days from the date of the appeal being filed, unless this time period is extended by mutual agreement of the city and the applicant. Notice of the hearing shall be given in accordance with the provisions of section 26-55.

(c) At the time fixed for the hearing, the city council shall proceed to hear the testimony of the subdivider or any other competent persons respecting the character of the neighborhood in which the subdivision is to be located, the kinds, nature and extent of the improvements, the quality or kinds of development to which the area is best adapted, and any other phase of the matter into which it may desire to inquire.

(d) Upon conclusion of the hearing, the city council shall declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of the Subdivision Map Act or this article.

(Code 1968, § 28-11)

(a) An approved tentative tract map shall expire 24 months after its approval, unless this time period is otherwise extended pursuant to this section or pursuant to any provision of the Subdivision Map Act as enacted or subsequently amended, but in no event shall an approved tentative tract map be valid beyond 15 years from the date it was first approved.

(b) In addition to the time period set forth in subsection (a) of this section and upon application of the subdivider filed prior to expiration of the approved tentative tract map, an additional period of time, not to exceed five years, may be granted by the director of planning. When an application is filed pursuant to this subsection, the map shall automatically be extended for 60 days or until the director of planning approves, conditionally approves, or denies the application for the extension.

(c) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative tract map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 calendar days, the map shall be valid for 120 calendar days following the termination of the moratorium. For purposes of this section, a development moratorium shall include a water or sewer moratorium, as well as other actions of public agencies which regulate land use, development or the provision of services to the land, including those of school and fire districts.

(d) The period of time specified in subsections (a) and (b) of this section shall not include any period of time during which a lawsuit involving the approval of the tentative tract map is or was pending in a court of competent jurisdiction if, upon application of the subdivider and upon conclusive proof of the existence of such lawsuit, the planning commission agrees, in accordance with California Government Code § 66452.6(c), to stay such time period. Within 40 days after receiving the application, the city shall either stay the time period for up to five years or deny the requested stay. The planning commission shall determine whether the conditions of approval imposed at the time the tentative tract map was first approved are sufficient to protect the health, safety and welfare of the general public. The planning commission has the right to amend, modify or delete such conditions of approval as a condition of the requested stay.

(e) If the subdivider is required to expend $125,000.00 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, upon the filing of a final map, the expiration of the tentative tract map shall be extended by 36 months from the date of its expiration or the date of the previously filed final map, whichever is later. This subsection shall apply only to situations wherein multiple final maps are filed with the city. The extension provided in this subsection shall not extend the tentative map more than ten years from its date of approval. Nothing in this subsection limits the authority of the planning commission to impose reasonable conditions to the filing of multiple final maps.

(f) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act, the expiration date of any tentative tract map that did not expire before September 13, 1993, shall be extended by 24 months.

(g) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act the expiration date of any tentative tract map that did not expire before May 15, 1996, shall be extended by 12 months.

(h) In addition to any other extension of time provided by this section or provided by the Subdivision Map Act any tentative tract map that would have expired on or after March 3, 2020 and before December 31, 2020, shall be extended by 12 months.

(i) Subject to the 15-year time limit set forth in subsection (a) of this section, a tentative tract map on property subject to a development agreement authorized by Article 2.5 (commencing with § 65864) of Chapter 4 of Division 1 of the California Government Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. Such extension occurs upon the filing of each final map authorized by Government Code § 66456.1.

(Code 1968, § 28-11.1; Ord. No. 1259, §§ 3, 4, 9-1-98; Ord. No. 1829, § 9, 5-12-20; Ord. No. 1973, § 4(Exh. A), 10-28-25)

(a) At any time prior to the expiration of a tentative tract map as described in section 26-58, the subdivider or his assignee may apply for an amendment to the tentative tract map.

(b) The director of planning may grant or deny minor amendments to a tentative tract map and revise conditions of approval as they apply to such amendments only. Minor amendments shall be limited to ten percent of the lots and shall in no case increase density or the number of lots.

(c) The planning commission shall grant or deny major amendments to a tentative tract map and revise any conditions as appropriate. A public hearing shall be required for major amendments pursuant to section 26-55.

(d) The director of planning shall distinguish between minor and major amendments and the appropriate review thereof.

(e) Appeals of decisions on minor amendments by the director of planning shall be heard by the planning commission pursuant to the hearing and review procedures described in section 26-55.

(f) At the time of filing for an amendment to a tentative tract map, the applicant shall pay to the city a filing fee in an amount to be fixed by resolution of the city council.

(g) Approval of an amendment shall not lengthen the approval time limits described in sections 26-58(a) and (b).

(Code 1968, § 28-11.2)