Hemet Municipal Code Art. V Tentative Maps

Preparatory to the subdivision of any land in the city, the subdivider shall file with the director copies of a tentative map of the subdivision, prepared by a california registered civil engineer or California licensed land surveyor. Along with the tentative map, a completed uniform application shall be submitted meeting the written submittal requirements of the director. The application fee and other associated fees due at the time of application for a tentative map shall be paid at the time of submittal of the application to the director.

(Ord. No. 1564, § 2, 7-29-97)

Prior to a public hearing on the tentative map as required under section 70-133, the application shall be reviewed by the development review committee in accordance with the requirements of chapter 90, article II, section 90-46 et seq. The review is a check of the subdivision plans for compliance with this chapter, chapter 90, the Hemet Municipal Code, the Uniform Fire Code, the Uniform Building Code, the Hemet General Plan, the City of Hemet Standard Specifications for Public Works Construction, and other applicable local, state, and federal plans and laws.

(Ord. No. 1564, § 2, 7-29-97; Ord. No. 1714, § 2, 4-13-04; Ord. No. 1717, § 1, 5-11-04)

(a) Director's report. After determining the application for the tentative map to be complete, and after compliance with section 70-132 of the Hemet Municipal Code, the director will prepare or cause to be prepared a written staff report describing the tentative map, the method of compliance with the California Environmental Quality Act (Pub. Res. Code section 21000 et seq., "CEQA"), and the director's recommendation to the planning commission and/or city council as may be required under article V of chapter 70 of the Hemet Municipal Code. In compliance with Government Code section 66452.3, the director shall cause to be served on the applicant a copy of the written staff report at least three days before the hearing on the application.

(b) Public hearing. In compliance with decisions of the California Courts, including, but not limited to, Horn v. County of Ventura, 24 Cal. 3d 605 (1979), the body charged with taking action on the application shall, prior to taking action, hold a public hearing noticed in accordance with Government Code section 66451.3.

(c) Planning commission. Except as is provided in subsection (d) of this section, the planning commission is authorized to review, consider, and approve, conditionally approve or deny applications for tentative maps. If the planning commission can make the statutory findings required by the Subdivision Map Act (Gov. Code sections 66410 et seq.), then it shall approve or conditionally approve the tentative map. If the statutory findings cannot be made, and conditions cannot be added to the tentative map that would allow for the findings to be made, the planning commission shall deny the tentative map and indicate its findings for denial.

(d) City council. It is the intent of the city council that the planning commission remain the body primarily responsible for the review, consideration and approval of tentative maps. Notwithstanding the forgoing, when an applicant elects to process an application for a tentative map concurrently with applications for a zone change, general plan amendment, or other necessary legislative approval, then the planning commission shall not take action to approve or deny the tentative map, but shall review the applications and advise the city council as to the recommendations of the commission. Thereafter, the city council shall review, consider and take action on the applications for the tentative map, zone change, general plan amendment or other necessary legislative action concurrently, first taking action as may be required under CEQA, then taking action on any amendment to the general plan and zone change, then taking action on the map. If the city council can make the statutory findings required by the Subdivision Map Act (Gov. Code sections 66410 et seq.), then it shall approve or conditionally approve the tentative map. If the statutory findings cannot be made, and conditions cannot be added to the tentative map that would allow for the findings to be made, the city council shall deny the tentative map and indicate its findings for denial.

(e) Time periods. The time period for determination of the application for the tentative map to be complete shall be as provided in the Permit Stream Lining Act (Gov. Code section 65920 et seq.). The time period for review and completion of environmental review as required under CEQA shall be as provided in Public Resources Code section 21151.5. The time period for review, consideration, and action on the application for the tentative map by the planning commission shall be as provided in Government Code section 66452.1. The time period for review, consideration, and action on the application for the tentative map processed concurrently with an application for a zone change and/or general plan amendment shall be as provided in Government Code section 66452.2. The time periods for review, consideration and action of the planning commission and/or city council shall run from completion of CEQA review as provided in Government Code sections 66452.1(c) and 66452.2(c) respectively.

(Ord. No. 1564, § 2, 7-29-97; Ord. No. 1714, § 2, 4-13-04; Ord. No. 1717, § 2, 5-11-04)

The action of the planning commission is final unless appealed to the city council within 10 calendar days. Appeals of the action of the planning commission shall follow the procedure in the State Subdivision Map Act. The appeal shall be filed with the director and shall be accompanied by the required fee.

(Ord. No. 1564, § 2, 7-29-97)