§ 17.16

The procedures set forth in this Title shall be applicable to tentative tract maps and tentative parcel maps.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

For every proposed subdivision the subdivider may, at his or her option, file a preliminary map with the Department, and as many additional copies as may be required, for the purpose of obtaining advice on the conformity of the map with the provisions of this Title and other applicable Codes, and possible improvements in the design of the subdivision.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

All divisions of land pursuant to this Title shall conform to those development standards set forth in the Zoning Code for the zoning district in which the property to be divided is located at the time the application for the tentative map is deemed complete. In accordance with Section 17.04.060, all divisions of land pursuant to this Title shall also conform to the General Plan including all maps, goals, objectives, policies and implementation measures, in effect at the time the tentative map is deemed complete.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Unless otherwise provided in this Title, each proposed parcel, tract map or vesting parcel or tract map shall first be submitted to the City in the form of a tentative map. Tentative maps shall be prepared and submitted in compliance with all applicable State laws and City ordinances. Tentative maps shall be filed with the Community and Economic Development Department.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

All applications filed with the Department in compliance with this Title shall be initially reviewed for application completeness as follows:

1.

Within 30 days of application submittal, the Director or designee shall determine whether or not the application is complete. The applicant shall be notified in writing if specific information and/or materials are still necessary to complete the application.

The applicant may appeal the determination in accordance with Section 17.16.150 and California Government Code Section 65943 (Permit Streamlining Act).

2.

In the event an application is deemed incomplete and the applicant resubmits the application, within 30 days of application resubmittal the Department shall determine whether or not the resubmitted application is complete. The applicant shall be notified in writing of the determination if specific information and or materials are still necessary to complete the application.

3.

The City, at its discretion, may deem void any application that remains incomplete 180 days from the date of the original submittal. The City shall notify the applicant of its intention to void the stagnant application at least 30 days prior to withdrawal.

4.

Any resubmittal of a voided application shall require submittal of a new application, along with the appropriate fees; a new case number will be assigned.

5.

Nothing in this Chapter precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by California Government Code 65943.

6.

Tentative map applications shall not be deemed complete until all environmental documentation required under the California Environmental Quality Act and local environmental processing procedures has been completed.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.060 - Tentative map review and distribution procedure.

A.

The review and distribution procedures for tentative map applications filed with the Department shall be as follows:

1.

Environmental Review. After an application has been determined to be complete, an initial study of the project's potential environmental impacts shall be completed pursuant to Section 15063 of the CEQA Guidelines. During the review period, the City shall determine the appropriate type of environmental review.

2.

The Director may request the preparation of additional studies to respond to issues raised during the review of the tentative map and preparation of the initial study. Once required studies have been completed and/or the Director has determined the appropriate environmental action, the Director shall prepare and distribute the proper environmental notice.

3.

Distribution of Maps and Receipt of Comments. Within five business days after an application has been determined to be complete, the Director shall send notice of said determination to affected school districts pursuant to California Government Code Section 66455.7. The application shall be forwarded to other departments and agencies for review pursuant to the provisions of California Government Code Section 66453 et seq.

4.

Public Hearing and Notification. Public hearing notification shall take place in the manner set forth in California Government Code Section 65090 and 65091 and with Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General provisions).

(Ord. No. 327, § 4(Exh. 1), 10-22-2019; Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Map numbers for subdivisions shall be obtained from the San Bernardino County Recorder's Office.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

All tentative maps shall be prepared in a manner acceptable to the Director and City Engineer and shall be prepared by a licensed land surveyor or State registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets which shall all be of equal size and shall not exceed 36 inches along any side. The scale of the map shall be one inch equals 100 feet or larger. The Director or City Engineer may approve the use of anther scale or sheet size not specified herein if warranted due to the size of the property. The number of copies of tentative maps to be submitted shall be as specified in the application for tentative subdivision maps (tract and parcel maps). Unless otherwise waived by the Director and City Engineer, the map shall contain the following information in addition to any other requirement of the City's General Plan or Zoning Code:

1.

General Information.

a.

Map number;

b.

Name, address and telephone number of subdivider;

c.

Name, address, and telephone number of person preparing the map;

d.

Name and address of owner of record;

e.

North arrow and scale of map;

f.

Date map was prepared and/or revisions;

g.

Registered Civil Engineer or Licensed Land Surveyor signature and seal;

h.

Area of the subdivision, both as total area and as area excluding existing right(s)-of-way(s) dedicated for public use;

i.

General Plan designation, existing zoning of property and proposed land use, as well as any proposed zoning and/or General Plan land use changes, whether immediate or future;

j.

Names, addresses and telephone numbers of utilities, school districts, fire protection agencies, and cable television services serving the tract.

2.

Vicinity Information.

a.

A vicinity or area map, located on the tentative map, at a scale of one inch equals 500 feet, or as otherwise approved by the Director showing only the existing major street pattern and major water courses and flood control channels within one-half mile of exterior boundaries of the subdivision;

b.

All boundary lines of the subdivision with approximate bearing and distances described with any identifying tree row, dikes, or channels;

c.

Existing buildings or structures identified by use, including those within 100 feet of the tract boundary;

d.

Adjoining property lines and land uses, including adjacent subdivision map numbers, if any;

e.

Average lot area of adjacent subdivisions;

f.

Location of existing trees, and proposed tree removals.

3.

Topographic Information.

a.

Topography, including: one-foot contour lines where slope is less than five percent; two-foot contour lines where slope is between five percent and ten percent and five-foot contour lines where slopes are greater than ten percent. Every fifth contour shall be clearly labeled and indicated so as to be distinctive. Contour lines shall extend a minimum of 100 feet beyond the tract boundary. Dashed lines shall represent existing contours. Topographic mapping shall include any significant features which can materially affect the design of the subdivision, including, but not limited to structures, fences, walls utility poles, trees, rock outcroppings, and drainages. Source and date of existing contours shall be included.

b.

Proposals for handling stormwater and drainage;

c.

Pad elevation and drainage pattern of each lot;

d.

Tops and toes of all manufactures slopes, including all daylight lines;

e.

Estimated quantities of cut and fill material in cubic yards; and

f.

Existing and proposed retaining wall locations and heights.

Site access and circulation information:

a.

Existing and proposed street alignments, including public alleys, cross-sections, and rights-of-way widths;

b.

Existing and future adjacent and connecting street alignments including widths of rights-of-way;

c.

Proposed and existing street grades;

d.

Centerline radii of street curves;

e.

The location and radii of the rights-of-way at all curb returns and cul-de-sacs;

f.

The width and location of all necessary and approved off-site access from the proposed subdivision onto the nearest public street; and

g.

Street names on all existing streets within the proposed subdivision and those within 100 feet of the proposed subdivision. Proposed public or private streets shall be designated as such and those not officially named should be shown as "A" Street, "B" Court, or "C" Road, unless a current listing of desired names has been approved for said tentative tract.

5.

Utilities Information.

a.

Names and addresses of all operators and providers of proposed subdivision utility systems; if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply;

b.

All watercourses, storm drainage easements, utility facilities, fire hydrants, street lights, wells, and special flood hazard areas which are subject to inundation or storm water overflow in accordance with current Federal Emergency Management Agency Maps;

c.

Location of and size of existing overhead utilities on peripheral streets;

d.

Preliminary plan of off-site drainage channel and any other drainage devices;

e.

Approximate location of all existing and proposed public and private easements and easements to be abandoned pursuant to Section 66499.20½ of the State Subdivision Map Act;

f.

Location and size of existing and proposed water, sewer, and storm drain lines with their approximate slope, connection point, and elevation; and

g.

Method of collection and disposal of stormwater run-off including detention facility location and storage volume.

6.

Lot Information.

a.

Minimum, maximum, and average lot sizes within the subdivision;

b.

The location of any remainder of the original parcel shall be indicated by deed reference to the existing record boundaries of such remainder if such remainder has an area of five acres or more; remainder parcels shall be subject to review for design access, water and sewer availability and other such improvements as may be necessary to protect the public health, safety and welfare, are necessary for orderly development, and are consistent with the intent of this Code. Waiver of improvements may be granted for remainder parcels where the size exceeds five acre;

c.

Total number of lots proposed;

d.

Lot lines, dimensions, and identifying number or letter; common lots shall be lettered lots and define use or purpose of such common lot(s);

e.

If phasing is proposed, show all phase boundaries and the number of each phase;

f.

Show the building pad, exclusive of setbacks and easements, of all lots; and

g.

The location of each lot boring shall be shown on the exhibit attached to the preliminary soils report described in Subsection 17.16.090.K.

7.

Phasing of any portion of the tentative map;

8.

Other Information.

a.

Proposed recreation sites, trails, and parks for private or public use;

b.

Proposed common areas and areas to be dedicated to public open space.

B.

Upon written request of the subdivider, the Director, in consultation with the City Engineer, may waive any of the above tentative map requirements if the Director determines that the type of subdivision does not justify compliance with these requirements, or if the Director determines that other circumstances justify a waiver. The Director may require other drawings, data or information as deemed necessary by the Department to accomplish the purposes of the Subdivision Map Act and this Title.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.090 - Documentation to be submitted with tentative maps.

A.

A signed statement by all owners in fee simple estate, or authorized agents thereof, consenting to such filing of the subdivision of the parcel(s) involved;

B.

A legal description of the land within the proposed subdivision;

C.

The disposition to be made of all existing structures, tree rows, and other significant vegetation and natural features, wells, tanks, irrigation facilities and public utility lines;

D.

A statement as to the intention of the subdivider in regard to slope planting and erosion control;

E.

Source, name of supplier, quality and estimate of available quantity of water, or, if to be served by an established mutual water company or an established public utility, a letter shall be furnished to indicate that satisfactory arrangements have been made or can be made for water supply;

F.

A description of the proposed method and plan of sewage disposal.

G.

A certification by the applicant, supported by a preliminary title report (dated within 60 days of tentative map submittal), that the design of the subdivision and 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;

H.

A list of all proposed deviations to City standards for map, street and storm drainage design, together with justification for each;

I.

A preliminary drainage report describing the proposed method and plan of stormwater disposal (the plan including location of storm drain lines, detention facilities, inlets and ultimate outlet may be shown on the tentative map) prepared by a State Registered Civil Engineer. The drainage report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development: Drainage areas, major water courses, quantity of stormwater and patterns, diversions and collection systems. Flood hazard areas, based on 100-year storm frequency, shall be delineated on the tentative map. Special flood hazard areas as shown on the applicable FEMA's maps shall also be delineated on the tentative maps. All developments in flood plains shall comply with applicable Federal, State and local codes and ordinances. Building sites, as designated in the soils report, shall be located outside of flood hazard areas;

J.

The disclosure of all proposed mitigation measures recommended by any applicable environmental document, with a statement of how measures will be incorporated within the project;

K.

A soils report, prepared by a civil or geotechnical engineer registered in the State and based upon adequate test borings to adequate depths (subject to review by the City Engineer), will be required for use in evaluating and reporting the impact that the subdivision may have upon the environment.

The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solution for all known geotechnically hazardous conditions or problems. The report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation of on-site sewage disposal if proposed. A liquefaction report shall also be required in areas of high groundwater, less than 50 feet deep, or as determined by the City Engineer. The City Engineer may require that the soils report address all additional issues deemed pertinent by him or her.

2.

If the City Engineer has knowledge of, or the soils report indicates, the presence of critically expansive soils, collapsible soils or other soils problems which, if not corrected, could possibly lead to investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a Civil or Geotechnical Engineer, registered in this State, who shall recommend the corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where the soils problems exist. The Advisory Agency may approve the subdivision or portion thereof where these soils problems exist if it determines the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated into the construction of each structure.

3.

An engineering geology evaluation, prepared by an engineering geologist registered in the State of California, defining the geologic conditions of the site, shall be submitted. The geologic evaluation shall state any geologically hazardous conditions which may exist on the site and whether the proposed plan is feasible and shall provide general solutions for all known hazardous conditions or problems. The evaluation report shall point out specific areas where development may create geologically hazardous conditions. The engineering geology evaluation requirements may be waived if the City Engineer finds that, due to the knowledge his or her staff has as to the geologic characteristics of the subdivision area, no engineering geology evaluation is necessary.

4.

The geotechnical/engineering geology report shall designate a suitable building site for each lot, which is safe from liquefaction, settlement, landsliding, mudsliding, seismic, fault rupture and flood hazards and which has reasonable access thereto as determined by the City Engineer.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

The Department shall transmit copies of the tentative map and, where applicable, the accompanying drawings and statements to City Departments, together with a request for written recommendations on the proposed subdivision to be returned to the project planner. The project planner may transmit additional applicable copies to such other public and private agencies or departments as may be affected by the proposed subdivision, together with requests for written recommendations thereon. Failure to submit such

written recommendations may be deemed recommended approval of the proposed subdivision. Copies of reports by City departments and/or agencies shall be transmitted to the subdivider upon completion.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.110 - Staff reports and recommendations for tentative maps.

Any staff report or recommendation on a tentative map to the Planning Commission/City Council shall be in writing and a copy thereof shall be made available to the subdivider or applicant at least three days prior to any hearing or action on such map by the Planning Commission/City Council.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.120 - Time frames for action on tentative maps.

A.

The approving authority shall hold a public hearing on the map, and upon making all findings required in Section 17.16.130, shall approve, or conditionally approve the tentative map, or if such findings are not made, shall deny the tentative map, within the time frames established by California Public Resources Code Section 21151.5, and California Government Code Section 66452 and 66452.1.

B.

The time frames noted above may be extended as provided by prevailing statutory law or court decisions.

C.

In the event that action on a tentative map application is not taken in a timely manner and the application is deemed approved by operation of law, pursuant to California Government Code Section 66452.4, then the standard conditions of approval prepared by the City that are in effect at the time the application was deemed complete shall automatically be applied to the tentative map.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.130 - Findings for approval of tentative maps.

A.

Any tentative map shall be approved only if all of the following findings are made:

1.

The proposed subdivision is consistent with the City General Plan and any applicable specific plan for the area;

2.

The design or improvement of the proposed subdivision is consistent with the City General Plan and any applicable specific plan for the area;

3.

The site is physically suitable for the type and proposed density of development proposed by the tentative map;

4.

The design of the subdivision and proposed improvements are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

5.

The design of the subdivision and the type of improvements are not likely to cause serious public health problems;

6.

The design of the subdivision provides for future passive or natural heating and cooling opportunities in the subdivision to the extent feasible;

7.

The design of the subdivision and 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, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will not be provided;

8.

In approving the subdivision the approving authority has considered its effects and the effects of adopted ordinances and actions relating to the review and approval of subdivisions on the housing needs of the region and balanced those needs against the public service needs of its residents and available fiscal and environmental resources.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.140 - Effective date of map approval.

All decisions of the Planning Commission granting or denying a tentative tract or tentative parcel map are subject to a ten-day appeal period, and shall become final and effective on the 11th day after the decision date, except when the 11th such day is not a City business day. In such circumstances, the decisions shall become effective on the next City business day following such 11th day.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

17.16.150 - Appeals.

A.

Any person dissatisfied with an interpretation or action of an Approval Body made pursuant to this Title may appeal such action to the designated Appeal Body. Appeals must be filed in accordance with the procedures in this Section. Section 17.04.050 identifies the Appeal Body for each of the City's map and permits and actions. Actions by the City Council are not subject to appeal and are final.

B.

All appeals shall be submitted in writing to the Department and shall identify the action being appealed and specifically state the basis or grounds of the appeal.

C.

Appeals shall be filed within ten days following the date that the Approval Body takes action on a tentative map or other application regulated by this Title. An appeal shall be accompanied by a filing fee as established by City Council resolution.

D.

The filing of an appeal shall stay the action being appealed and the issuance of subsequent permit(s), such as grading or building permits. No fee shall be charged for an appeal by the Mayor or City Council or public official acting in an official capacity.

E.

An appeal must be filed to exhaust all available administrative remedies.

F.

Unless otherwise stated herein or agreed upon by the person filing the appeal and the applicant, appeal hearings and public meetings should be set within 30 days from the date of appeal submittal. Notice of hearing for the appeal or public meeting shall be provided pursuant to noticing requirements of this Chapter.

G.

Each appeal shall be considered de novo (new), and the Appeal Body may reverse, modify or affirm the decision in whole or in part. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Body may modify, delete or add such conditions as it deems necessary. The Appeal Body may also refer the matter back to the original Approving Authority for further action.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

The approval or conditional approval of a tentative map, or phases thereof, shall expire 24 months from the date the map was approved or conditionally approved. Failure to cause a timely filing in accordance with Section 17.16.170 with the City within 24 months after approval shall terminate all proceedings, and any

subdivision of the same land shall require the filing and processing of a new tentative map. The subdivider shall be responsible for keeping a record as to when a map will expire.

1.

Any development application that is filed and approved at the same time with a tentative map shall be approved for a period of 24 months to run in conjunction with the tentative map. The development application may only be extended for an additional 12 months, for a total approval period of 36 months. The approval of the development application is applicable whether or not a final map or parcel map is recorded.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

Notwithstanding Section 17.16.160, the initial 24-month term of tentative maps may be extended as follows:

1.

Request by Subdivider. Not more than 60 calendar days before the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed 12 months. The subdivider shall file with the Director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA.

2.

Upon application by the subdivider prior to the expiration of an approved tentative map, the City may additionally approve the tentative map for a period or periods not to exceed six years. Each extension shall not exceed 12 months, and the City may impose additional conditions of approval related to public health, safety and welfare.

3.

If a subdivider is required to expend the amount specified in California Government Code Section 66452.6 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 reasonable related to the development of that property, each filing of a final map authorized by California Government Code Section 66456.1 shall extend the expiration of the approved or conditionally tentative map by 36 months from the date of its expiration or the date of a previously-filed final map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval.

4.

The subdivider, or any interested party adversely affected, may appeal any action of the Director related to the extension of a map to the Planning Commission in accordance with the procedures set forth in Section 17.16.150. Such appeals shall be filed within ten days of final action by the Director. If the Planning Commission fails to act within the time limits set forth in Section 17.16.150 the extension shall be deemed to be approved, conditionally approved, or denied as originally approved by the Planning Commission, insofar as the approved map complies with all other applicable provisions of the Subdivision Map Act, this Title and the City's General Plan.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

A.

Tentative maps and/or their conditions of approval may be amended upon application by the subdivider or, with consent of the subdivider by action initiated by the Director, pursuant to this Section. The applicant shall file a letter with the Director requesting that a determination be made regarding the project. The City shall respond within 30 days with its decision.

B.

Minor modifications may be processed administratively without notice or public hearing, provided that the proposed changes are consistent with the intent of the original map approval, do not affect off-site properties, and there are no resulting violations of this Title or the Zoning Code. The following modifications are considered minor:

1.

Modifications to less than ten percent of the total number of lots in the subdivision, provided that there is no increase or decrease in the total number of lots within the subdivision.

2.

Modifications to the horizontal alignment of two feet or less, or vertical alignment of two feet or less, of any cul-de-sac, local or collector roadway when such modification does not affect off-site property.

3.

Any other changes, which in the opinion of the Director and/or City Engineer do not involve substantial changes to the map or the conditions of approval which do not affect off-site property.

C.

Any other amendment or modification of an approved or conditionally approved map shall be processed as a revised map, following procedures set forth in this Chapter for tentative map approval, except that such modification approval shall not alter the original expiration date of the tentative map.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Any subdivider wishing to withdraw a tentative map at any time prior to action thereon by the Planning Commission or City Council shall do so in writing. If such request for withdrawal is made prior to distribution of the map to the City departments and affected agencies, the filing fee, less incurred staff costs shall be refunded to the subdivider.

(Ord. No. 253, § 3(Exh. 1), 10-12-2010)

Chapter 17.20 - VESTING TENTATIVE MAPS

Sections: