Fontana Municipal Code Art. V Finance and Conveyance Maps

Footnotes:

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Editor's note— Ord. No 1898, § 8, adopted July 26, 2022, renumbered the former Arts. V—VII as Arts. VI—VIII and enacted a new Art. V as set out herein. The set out provisions were intended for use as Art. V, §§ 26-256—26-259. Inasmuch as there were already provisions so designated, said article has been codified herein as Art. V, §§ 26-245—26-248 at the discretion of the editor. The historical notation has been retained with the amended provisions for reference purposes.

This article shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps may only be accepted under one of the following criteria:

(1) The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or

(2) A future map for development purposes must be processed in order for any development on the site the property to occur, and this fact is clearly stated on the face of the map; or

(3) The zoning for the property covered by the map does not permit any development.

(Ord. No. 1898, § 8, 7-26-22)

Financing and conveyance maps (collectively referred to as "financing maps") are filed with the planning department as specified in section 30-305.

(1) Application. Each land divider shall file with the planning department a parcel map application in form, format and content and with the requisite number of parcel maps in accordance with the planning commission adopted submittal requirements established pursuant to section 30-305.

(2) Filing fees. At the time of filing of the parcel map, the land divider shall pay to the city a filing fee in an amount to be fixed by resolution of the city council.

(3) Form. Every parcel map filed with the planning department shall adhere to the requirements specified in the parcel map application in effect at the time of submittal.

(Ord. No. 1898, § 8, 7-26-22)

The form, content and supplementary information that must accompany a financing and conveyance map application shall conform to the requirements for tentative maps set forth in Section 26-217 except as hereafter provided.

(1) Notwithstanding the requirements set forth in section 26-217, the director of planning or designee may waive the following requirements in writing if requested in advance by the applicant:

a. Internal streets and access ways within the boundary of the map (with concurrence of the city engineer);

b. Dimensions and location of sidewalks and common areas;

c. Soils and geology report;

d. Energy conservation statement;

e. Regional housing needs statement; and/or

f. Other submittal requirements set forth in chapter 26, Subdivisions, or the Subdivision Map Act, provided, the city engineer determines in advance, in his/her professional judgment, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, and chapter 26.

(2) The following statement must be clearly printed on the face of the proposed financing map: "FOR FINANCE AND CONVEYANCE PURPOSES ONLY."

(3) If a future map is required for any development, the face of the map must include the following additional statement: "THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY."

(Ord. No. 1898, § 8, 7-26-22)

(a) Criteria. The director of planning shall base their decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this article, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the director of planning should examine the following:

(1) Does the parcel (or parcels) of land have access from a public road, or is access both feasible and required by a condition of approval for the proposed map?

(2) Do the parcel lines conflict with any public easements?

(3) Are there any physical constraints or other issues which may affect the feasibility of future development on the site (e.g. vehicular access, utility service extensions)? If necessary in order to adequately evaluate the map, additional technical studies (e.g. access study) should be required prior to finding the application complete.

(4) Does the map provide sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site?

(5) Is the site suitable for the future permitted or proposed uses?

(6) Does the map provide sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act?

(7) Does the map provide sufficient information to evaluate and ensure that the subdivision design will not cause future conflicts with public easements?

(8) Is there sufficient information on the subdivision design and future improvements to enable the city to determine whether the map complies with applicable water quality standards?

(b) Findings. The director of planning must make the following findings to approve financing and conveyance maps.

(1) That the proposed map is consistent with applicable general plan, specific plans and the municipal code.

(2) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.

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

(4) That the site is physically suitable for the proposed density of development.

(5) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.

(6) That the design of the subdivision or type of improvements is not likely to cause serious public health problems.

(7) 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.

(c) Mandatory conditions of approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following conditions of approval shall apply to all financing maps:

(1) Any submittal requirements which were waived in connection with the financing map in accordance with the definition listed below shall be submitted concurrently with the first discretionary application for development of the site covered by the map (i.e. with an application for a future map, a conditional use permit, or specific plan).

(2) This map is approved for financing and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a future map/conditional use permit/specific plan/or other entitlement for development has been approved by the city.

(Ord. No. 1898, § 8, 7-26-22)