Chapter 4-61 — TENTATIVE MAP FILING AND PROCESSING

Sections:

Sec. 4-61-010. Purpose. Sec. 4-61-020. Tentative Map Preparation, Application Contents. Sec. 4-61-030. Tentative Map Filing, Initial Processing. Sec. 4-61-040. Evaluation of Application. Sec. 4-61-050. Planning Commission Review and Recommendation. Sec. 4-61-060. Council Review and Decision.

Sec. 4-61-070. Tentative Map Approval or Disapproval. Sec. 4-61-080. Conditions of Approval. Sec. 4-61-090. Effective Date of Tentative Map Approval. Sec. 4-61-100. Changes to Approved Tentative Map or Conditions. Sec. 4-61-110. Completion of Subdivision Process. Sec. 4-61-120. Vesting Tentative Maps. Sec. 4-61-130. Tentative Map Time Limits and Expiration. Sec. 4-61-140. Extensions of Time for Tentative Maps.

This Chapter establishes requirements for the preparation, filing, approval or disapproval of Tentative Maps, consistent with the requirements of the Map Act.

Gustine Zoning and Subdivision Code

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-020. Tentative Map Preparation, Application Contents.

Tentative Map submittal shall include the application forms, and all information and other materials prepared as required by the Department and the City Engineer.

• A. General filing and processing requirements. A Tentative Map application shall be submitted to the Department for processing, and shall be:

  1. Reviewed for completeness and accuracy;

  2. Referred to affected agencies;

  3. Reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable; and

  4. Evaluated in a staff report in compliance with Chapter 4-50 (Permit Application Filing and Processing).

• B. Referral to affected agencies. The procedure provided by this Subsection is in addition to the procedures in Chapter 4-50 (Permit Application Filing and Processing).

  1. Required referrals. The Director shall refer a Tentative Map application for review and comment to agencies that will be expected to provide service to the proposed subdivision, including, as appropriate, City departments, County agencies, other cities, special districts, and local agencies, public utilities, and state agencies.

  2. Time limits for referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the Tentative Map application being determined to be complete in compliance with Section 4-50-070 (Initial Application Review). An agency wishing to respond to a referral shall provide the Department with its recommendations within 15 days after receiving the Tentative Map application.

After completion of the initial processing and the application being deemed complete in compliance with Section 4-50.070, the Director shall:

• A. Review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Zoning and Subdivision Code, the General Plan, any applicable specific plan, and the Map Act, in compliance with Map Act Section 66474.2;

• B. Determine the extent to which the proposed subdivision complies with the findings in Section 4-61-070 (Tentative Map Approval or Disapproval); and

• C. Prepare a staff report to the review authority describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the Tentative Map. The staff report shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 4-64-030) at least three days before any hearing or action on the Tentative Map by the review authority in compliance with Section 4-61-050 or 4-61060.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-070. Tentative Map Approval or Disapproval.

• A. The Commission shall conduct a public hearing on the proposed Tentative Map in compliance with Chapter 4-68 (Public Hearings), and consider the recommendations of the Director, any agency comments on the map, and any public testimony; and

• B. The Commission shall review and evaluate each Tentative Map as to its compliance and consistency with applicable provisions of this Zoning and Subdivision Code, the General Plan, any Specific Plan, and the Map Act. The evaluation shall be based on the staff report, information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

• C. As required by Map Act Chapter 3, Article 2 (Tentative Maps), within 30 days after the filing of the report and recommendation of the Director with the Commission, but no later than 50 days after the Tentative Map application was deemed complete in compliance with Section 4-50-070 (Initial Application Review) recommend to the Council the approval, conditional approval, or denial the Tentative Map.

• D. A recommendation for the approval or conditional approval of a Tentative Map shall be given only after the Commission first makes all findings required by Section 4-61-070 (Tentative Map Approval or Disapproval). The Commission may recommend conditions of approval in compliance with Section 4-61-080 (Conditions of Approval).

• A. As required by Map Act Chapter 3, Article 2 (Tentative Maps), at its next regular meeting following the filing of the Commission's report with the Council in compliance with Section 4-61-050, the Council shall set the meeting date for its consideration of the Tentative Map and the Commission recommendation, which shall be within 30 days thereafter. The Council shall then conduct the hearing, and shall approve, conditionally approve, or deny the Tentative Map on the date it has set.

• B. The approval or conditional approval of a Tentative Map shall be granted only after the Council first makes all findings required by Section 4-61-070 (Tentative Map Approval or Disapproval). The Council may adopt conditions of approval in compliance with Section 4-61-080 (Conditions of Approval).

In order to approve or recommend the approval of a Tentative Map and conditions of approval, or to disapprove a Tentative Map, the review authority shall first make the findings required by this Section.

• A. Required findings for approval. The review authority may approve a Tentative Map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable specific plan, and that none of the findings for denial in Subsection C. can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-070. Tentative Map Approval or Disapproval.

• B. Supplemental findings. In addition to the findings required for approval of a Tentative Map by Subsection A. above, the review authority shall not approve a Tentative Map unless it can also make the following findings, when they are applicable to the specific subdivision proposal.

  1. Construction of improvements. In the case of a Tentative Map for a subdivision that will require a subsequent Parcel Map, it is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the Parcel Map.

  2. Condominiums. Any applicable findings required by Section 4-64-030 for condominium conversions.

  3. Waiver of Parcel Map. The findings required by Section 4-62-030 (Waiver of Parcel Map), if waiver of a Parcel Map has been requested with the Tentative Map application.

• C. Findings requiring denial. A Tentative Map shall be denied if the review authority makes any of the following findings (from Map Act 66474, except as noted):

  1. The proposed subdivision including design and improvements is not consistent with the General Plan or any applicable specific plan;

  2. The site is not physically suitable for the type or proposed density of development;

  3. 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;

  4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

5. 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. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer or other applicable review authority that the conditions can be corrected in the plan for the development; or

8. The proposed subdivision is not consistent with all applicable provisions of this Zoning and Subdivision Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-100. Changes to Approved Tentative Map or Conditions.

Along with the approval of a Tentative Map, the Council may adopt any conditions of approval deemed necessary to carry out the purposes of this Zoning and Subdivision Code, provided that all conditions shall be consistent with the requirements of the Map Act.

The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Council.

A subdivider may request changes to an approved Tentative Map or its conditions of approval before recordation of a Parcel or Final Map in compliance with this Section. Changes to a Parcel or Final Map after recordation are subject to Section 4-62-120 (Amendments to Recorded Maps).

• A. Limitation on allowed changes. Changes to a Tentative Map that may be requested by a subdivider in compliance with this Section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by Subsection D. of this Section. All other proposed changes shall require the filing and processing of a new Tentative Map.

• B. Application for changes. The subdivider shall file an application and filing fee with the Department, using the forms furnished by the Department, together with the following additional information:

  1. A statement identifying the Tentative Map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

  2. Any additional information deemed appropriate by the Department.

• C. Processing. Proposed changes to a Tentative Map or conditions of approval shall be processed in the same manner as the original Tentative Map, except as otherwise provided by this Section.

• D. Findings for approval. The review authority shall not modify the approved Tentative Map or conditions of approval unless it first finds that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 4-61-070.A and B. can still be made:

  1. There was a material mistake of fact in the deliberations leading to the original approval;

  2. There has been a change of circumstances related to the original approval; or

  3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this Zoning and Subdivision Code.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-61. TENTATIVE MAP FILING AND PROCESSING Sec. 4-61-100. Changes to Approved Tentative Map or Conditions.

• E. Effect of changes on time limits. Approved changes to a Tentative Map or conditions of approval shall not be considered as approval of a new Tentative Map, and shall not extend the time limits provided by Section 4-61-130 (Tentative Map Time Limits and Expiration).

• A. Compliance with conditions, improvement plans. After approval of a Tentative Map pursuant to this Chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 4-68 (Subdivision Design and Improvement Requirements), before constructing any required improvements.

• B. Parcel or Final Map preparation, filing and recordation.

  1. A Parcel Map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 4-62 (Parcel Maps and Final Maps), to complete the subdivision, unless a Parcel Map has been waived in compliance with Section 4-62-030 (Waiver of Parcel Map).

  2. A Final Map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 4-62 (Parcel Maps and Final Maps), to complete the subdivision.

The preparation, filing, processing, approval or disapproval, of a Vesting Tentative Map shall comply with Map Act Sections 66452 and 66498.1 et seq.

An approved Tentative Map is valid for 24 months after its effective date (Section 4-61.090), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of 24 months, the approval shall expire and become void unless:

• A. A Parcel or Final Map, and related security and improvement agreements, have been filed with the City Engineer in compliance with Chapter 4-62 (Parcel Maps and Final Maps); or

• B. An extension of time has been granted in compliance with Section 4-61-140.

Expiration of an approved Tentative Map or vesting Tentative Map shall terminate all proceedings. The application shall not be reactivated unless a new Tentative Map application is filed and fees are paid.

When a subdivider has not completed all Tentative Map or Vesting Tentative Map conditions of approval and filed a Parcel or Final Map with the City within the time limits established by Section 4-61-130, time extensions may be granted in compliance with this Section.

• A. Filing of extension request. An extension request shall be in writing and shall be filed with the Department on or before the date of expiration of the approval or previous extension, together with the required filing fee.

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ARTICLE 6 SUBDIVISIONS CHAPTER 4-62. PARCEL MAPS AND FINAL MAPS Sec. 4-62-030. Waiver of Parcel Map.

• B. Approval of extension. The Council may grant one 12-month extension to the initial time limit, only after finding that:

  1. There have been no changes to the provisions of the General Plan, any applicable Specific Plan or this Zoning and Subdivision Code applicable to the project since the approval of the Tentative Map;

  2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Zoning and Subdivision Code apply to the project; and

  3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

A time extension of more than 12 months may be granted only in compliance with Map Act Section 66452.6.