Article II — Tentative Maps

• A. Tract and Parcel Map Numbers.

  1. Prior to the filing of a tentative map for a land division, a tract or parcel map number shall be obtained from the San Bernardino county recorder or other issuing authority subject to the requirements in force.

  2. When the tentative map is a parcel map division, this shall be indicated upon the face of the map.

  3. The city engineer shall maintain a permanent record of all tract and parcel map numbers within the city limits.

  4. When applying for a tract or parcel map number, the land divider shall certify that either the developer is the record owner of the property, or that the developer is the authorized legal agent for the recorded owner, or the land divider shall submit other such proof of ownership or consent of the owner as may be required by the city engineer.

  5. When a tract or parcel map number has been assigned by the county for a particular parcel or contiguous parcels of land, the land divider shall place the tract or parcel map number upon each tentative map of the land division. Neither the tract or parcel map number, nor the parcel(s) of land for which the number was issued shall thereafter be changed or

altered in any manner upon the tentative map unless and until a new number reflecting the new parcel(s) has been assigned by the county.

• B. Preliminary Corner Stakes. At the request of city staff, the land divider may be required to place a conspicuous stake identified with a number or corner description and flag at each approximate corner of the property to be divided. The stake shall extend at least three feet above ground and be identified with a number and owner description.

• C. Application. Prior to filing a tentative map, the land divider shall obtain and complete an application for land division, which form shall be furnished by the community development director.

  1. The application shall be for the purpose of:

     • a. Providing and clarifying the information required to be shown on, or to accompany, the tentative map;

     • b. Determining whether the land division conforms to all the requirements of this chapter and city ordinances; and

     • c. Expediting the processing of the tentative map.

• D. Division of Land. No person shall make any land division, as herein defined, of real property located in the city of Highland, except in accordance with the provisions of the Subdivision Map Act, Land Surveyors Act, and this title.

When a tentative map has been submitted, no grading or construction work shall be performed until the tentative map grading plans and the improvement plans for each such work have been approved by the appropriate approving authority.

(Ord. 171 § 17.3, 1994)

• A. The following information shall be shown on or shall accompany tentative tract and tentative parcel map applications together with any supplementary information that the community development director and/or city engineer may deem necessary and reasonable:

  1. Tentative and/or map number, title of map, assessor's parcel number and legal description of property, not including project name;

  2. Name, address and telephone number of owner and land divider, and name, address and telephone number of person preparing map;

  3. Information on additional property owned by applicant which is adjacent or contiguous to the land to be subdivided;

  4. Approximate total acreage of property and lot size, net and gross for each lot, overall dimensions, north arrow, scale and date;

  5. Subdivision boundary line and detailed vicinity map showing relationship to surrounding community;

  6. Names, location, right-of-way, widths, and improvements of adjacent streets, alleys, railroads, transmission lines, pipelines, sewers and existing structures, both above and below ground;

  7. Names, locations, widths of right-of-way for proposed streets, alleys and easements, and the approximate grades of proposed and existing streets and approximate street centerline radii of curves;

8. Streets, alleys and right-of-way providing legal access to the property;

9. If private streets are proposed, they shall be so noted on the tentative map;

10. Names of utility purveyors, locations and widths of existing and proposed public utility easements:

• a. When specific areas for subsurface disposal are required, those areas shall be delineated; and

• b. Any known existing wells on the property or within 200 feet of the subdivision boundary shall be indicated on the tentative map.

11. Water courses, channels, existing culverts and drain pipes, including existing and proposed facilities for control of stormwaters;

12. Land areas subject to overflow, inundation or flood hazard;

13. Any land or right-of-way to be dedicated for public use; and right-of-way for railroads and other uses;

14. Identify common areas and open spaces;

15. Proposed lot lines and approximate dimensions;

16. Adjoining property and lot lines;

17. Site Grading.

• a. Whenever any area of the proposed subdivision has a natural gradient of five percent or more, as measured between natural contours, the following information shall be shown on, or accompany, the tentative map:

  • i. The proposed cuts and fills in the subdivision.

• b. All cut and fill slopes or combination thereof shall be made no steeper than 2:1 (two horizontal to one vertical), and their height shall be no greater than 10 feet. Exceptions to these standards may be permitted as follows:

• i. Cut slopes with ratios steeper than 2:1 and slope heights in excess of 10 feet vertically shall be considered if they are recommended to be safe in a slope feasibility report written by either a registered geotechnical engineer or a registered engineering geologist. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading.

  - ii. Fill slopes with heights in excess of 10 feet vertically (on a slope of 2:1) may be allowed if they are recommended to be safe in a slope stability report written by a registered geotechnical engineer. The slope stability report must also include recommendations for erosion control and landscaping of the proposed grading. 
  
  - iii. Based on the slope stability report, fill slopes greater than 10 feet may need to be constructed at a more gentle slope ratio (e.g., 3:1 or 4:1), in order to achieve stability. 
  
  - iv. Cuts and fills in areas of subsurface sewage disposal shall be in accordance with the sewage disposal feasibility report recommendations; 
  

  • c. The elevations of all individual building pads in the subdivision;

  • d. The elevations at the perimeter of the subdivision;

  • e. The relationship to adjoining land and development;

    • f. Where grading will tie into adjacent natural terrain, final manufactured slopes shall be blended into the existing terrain;

  18. Existing use and zoning of property immediately surrounding tract;

  19. Existing zoning, and proposed land use of property within the proposed tract (single-family, multiple-family, commercial, industrial); and

  20. A list of the names and addresses of the owners of real property located within 300 feet of the exterior boundaries of the property to be considered, as shown on the latest equalized assessment roll, and any update issued by the county assessor.

• B. Reports and written statements on the following matters shall accompany a tentative tract map application:

  1. Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;

  2. A written statement indicating that:

     • a. A water purveyor under permit has agreed, in writing, to serve all lots in the land division; and

     • b. The type of sewage disposal that will be permitted.

• C. The following reports and written statements on the following matters shall be placed on or shall accompany a parcel map application:

  1. Proposed method of control of stormwater, including data as to amount of runoff, and the approximate grade and dimensions of the proposed facilities;

  2. A written statement indicating that:

     • a. A water purveyor under permit has agreed, in writing, to serve all lots in the land division; and

     • b. The type of sewage disposal that will be permitted.

  3. Request to waive the final map for any parcel map division shall be filed at the time of the filing of the tentative parcel map.

4. If a field survey was performed, the parcel map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the position indicated, or they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey to be retraced.

• (Ord. 171 § 17.4, 1994)

• A. Filing of Tentative Map.

  1. Action Following Filing. For purposes of this section, the 50-day limitation for action after filing of the tentative map shall commence after certification of the environmental impact report, adoption of a negative declaration or a determination that the project is exempt from CEQA.

  2. Submittal Requirements. All tentative map filing packages shall be submitted to the community development director and shall be accompanied by the appropriate fees as set

by the city council and shall comply with this chapter.

• B. Fee for Flood Protection Study.

  1. If required by the city engineer, a flood protection study shall be submitted. A flood protection study fee (as set forth by city council) shall be paid upon the submittal of the tentative map if required by the city engineer.

  2. No fee shall be imposed for a flood protection study on a revised tentative map filed within two years of the original filing.

  3. There shall be no flood protection study or fee associated with the reversion of subdivided lands to acreage.

• C. Map Distribution. Upon the submittal of the tentative map filing package to the community development director, one copy thereof shall be forwarded to the planning commission and to each of the following, as necessary:

  1. City engineer/public works department.

  2. Fire department.

  3. Building and safety department.

  4. School district.

  5. California Department of Transportation.

  6. County department of transportation and flood control.

  7. East Valley Water District.

  8. San Bernardino county health department.

  9. Police department.

  10. Any other public agencies, as appropriate.

• D. Review by Project Review Committee.

  1. Pursuant to HMC § 16.04.120 , all tentative maps shall be reviewed by the project review committee (PRC). The land divider and his representative shall be notified of the date and time of the meeting, at which time the land divider shall review the proposed map with the committee.

  2. Following its review of the tentative map, the project review committee shall prepare a report and recommendation and shall transmit a copy thereof to the community development director. The report shall be in writing, and a copy thereof served on the land divider and his representative at least three days prior to any hearing or action on the map by the planning commission.

• E. Consideration by the Planning Commission.

  1. Tract Maps and Parcel Maps. Within 50 days after the filing of a tentative map, the application shall be considered by the planning commission and its report thereon shall be made. Notice of the hearing shall be given as provided in HMC § 16.08.160 .

  2. After closing the hearing, the planning commission shall approve, conditionally approve or disapprove the proposed tentative map.

• F. Consideration of Tentative Maps by the City Council. The decision of the planning commission shall be considered final unless placed before the city council pursuant to an appeal under HMC

• G. Extension of Time for Processing. All time limits specified in this chapter for reporting and acting on tentative maps may be extended by the mutual consent of the land divider and the planning commission or city council, but in no event may the extensions exceed the maximum applicable period permitted by state law.

• H. Failure to Receive Notice. Failure to receive notice of a hearing shall not invalidate the action taken by the planning commission or the city council.

• I. Waiver of Final Parcel Map. Upon request of the land divider, the planning commission may waive the requirement that a final parcel map be prepared; provided, that the planning commission finds that the proposed land division complies with the following requirements contained in this title; and provided, that a tentative parcel map has been prepared:

  1. Required area;

  2. Required improvements;

  3. Flood water drainage control;

  4. Appropriate improved public roads;

  5. Sanitary disposal facilities;

  6. Water supply availability;

  7. Environmental protection;

  8. Adequate existing survey control; and

  9. Any other provisions of this and other applicable ordinances of the city of Highland and the Subdivision Map Act.

• (Ord. 171 § 17.5, 1994; Ord. 341 §§ 36, 37, 2009)

• A. Introduction. It is the purpose of this section to establish procedures necessary for the implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the Subdivision Map Act and this chapter (Land Divisions). Except as may otherwise be set forth in the provisions of this section, the provisions of this chapter shall apply to the processing of vesting tentative maps.

This section is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1 ) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute), and may be cited as the vesting tentative map ordinance.

• B. General Provisions.

  1. Consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose or in any manner which is inconsistent with the general plan and any applicable specific plan or which is not permitted by this title or other applicable ordinances.

  2. Application. This section shall apply to both the residential and nonresidential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this title, requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed in accordance with the provisions herein.

If a subdivider does not seek the rights conferred by the Vesting Tentative Map Statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

3. Filing and Processing. A vesting tentative map shall be filed in the same form and shall have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in this chapter for a tentative map except as hereinafter provided:

   • a. At the time the vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map."

   • b. At the time the vesting tentative map is filed, the subdivider shall also supply the following information unless waived by the community development director, city engineer, or building official, as appropriate:

     • i. Height, size, location and uses of all existing and proposed buildings;

     • ii. Existing and proposed sewer, water, storm drain and road details;

     • iii. Detailed grading plans, including soils information;

     • iv. Flood control information, or engineer's drainage study, as required and approved by the city's engineer;

     • v. Plans to include roofs, materials, fences and walls, elevations, landscaping, signs and such other improvements as may be required for architectural or design review by city ordinances or regulations;

     • vi. A traffic study approved by the city engineer, unless waived by the city engineer;

     • vii. Archeological, geological, seismic and soils studies as found to be necessary by the community development director;

• viii. An acoustical study approved by the building official for properties requiring such study by city ordinance, regulations or policies;

  - ix. An application for rezoning the property if the proposed use or density is not permitted in the current zone; and 
  
  - x. Such other information as may be requested by the community development director or city engineer or other city department to permit a complete analysis and appraisal of the project. 
  

  • c. The provisions of subsection (B)(2) of this section shall be applied in a manner consistent with the provisions of Section 66498.8(d) of the Vesting Tentative Map Statute.

4. Fees. Upon filing a vesting tentative map, the subdivider shall pay the fees as set forth by the city council for the filing and processing of a vesting tentative map.

5. Expiration. The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions established by this chapter for the expiration of the approval or conditional approval of a tentative map.

6. Approval of Vesting Tentative Map.

   • a. Subject to the provisions of the Vesting Tentative Map Statute, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in compliance with the city ordinances, policies and standards as described in Government Code Section 66474.2 . However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting

tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances and policies and standards in effect at the time the vesting tentative map is approved or conditionally approved.

• b. Notwithstanding subsection (B)(6)(a) of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

  • i. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

  • ii. The condition or denial is required, in order to comply with state or federal law.

• c. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in this title. If the final map is approved, these rights shall last for the following periods of time:

  • i. An initial time period of 36 months beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase where the final map for that phase is recorded.

  • ii. The initial time period set forth by subsection (B)(6)(c)(i) of this section shall be automatically extended by that time used by the city for processing a complete application for a subsequent grading permit, design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

• iii. A subdivider may apply to the planning commission for a one-year extension at any time before the initial time period set forth in subsection (B)(6)(c)(i) of this section expires. If the extension is denied, the subdivider may appeal that denial to the city council by depositing a written notice of appeal with the city clerk within 10 days.

  - iv. If the subdivider submits a complete application for a building permit during the periods of time specified in this section, the rights conferred by the Vesting Tentative Map Statute shall continue until the expiration of that permit, or any extension of that permit granted by the city. 
  

• (Ord. 171 § 17.6, 1994)

• A. Revised Tentative Maps.

  1. Any revised tentative map shall comply with all of the provisions of the Subdivision Map Act and this chapter in effect at the time the revised map is submitted.

  2. A revised tentative map shall be processed in the same manner as for the original approval of the tentative map, as applicable. The approval or conditional approval of a revised tentative map shall annul the approval of the original tentative map, but shall not extend the time limit within which the final map must be filed.

• B. Minor Changes.

  1. A request for approval of a minor change to an approved tentative map shall be filed with the community development department, accompanied by the fee specified by the city council.

  2. Minor changes to an approved tentative map shall be considered by the hearing body which approved the original tentative map. Therefore, planning commission shall consider

changes to an approved tentative map except where the original map was approved by the city council as a result of an appeal or referral by the planning commission.

3. At the discretion of the community development director, the request for a minor change may be referred to the project review committee. If so referred, the committee shall prepare a written recommendation to the appropriate hearing body.

4. The community development director shall present a written recommendation to the appropriate hearing body, which shall be based on the recommendation of the project review committee, if such a recommendation has been prepared.

   • a. If the minor change was not referred to the project review committee, the community development director's written recommendation shall be based on the director's professional opinion.

5. The written recommendation of the community development director shall be placed upon the regular agenda of the planning commission for their decision.

   • a. If the planning commission is the original approving hearing body, such decision shall be final unless appealed to the city council.

   • b. If the city council is the original approving hearing body, such decision shall be forwarded to the city council for final action.

6. The community development director shall provide a notice of hearing to the owner of the property, to the project applicant and to all the owners of real property which are located within 300 feet of the exterior boundaries of the property, as such owners are shown on the latest equalized assessment role, and shall arrange for the required notice to appear once in a newspaper of general circulation in the area affected by the proposed project. Said notice of public hearing shall be given only on those minor changes which the land division had previously required a notice of public hearing.

• C. Division into Phases – Multiple Final Maps.

  1. Multiple final maps (phases) relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map provided:

• a. The subdivider, at the time the tentative map is filed, informs the city of his intent to file multiple final maps by indicating phase lines on such tentative map; or

  - b. Prior to approval of the tentative map, the city and subdivider concur in the filing of multiple final maps. 
  

  2. Each final map shall be considered by the planning commission.

  3. No phased map shall be approved unless it is complete and in compliance with all of the provisions of this chapter, including but not limited to fire protection, flood control, traffic circulation, access, and environmental considerations. Each phased map shall comply with all conditions of approval of the tentative map, and shall be specifically approved by the planning commission.

  4. Each phase shall be identified by the approved tentative map number with a dash number designating said phase. The phase number shall be designated by the city engineer upon payment of the fee specified by the city council. Phases shall be recorded in the order as indicated by the phase number. The last phase within a tentative map to be recorded will not bear a phase number.

  5. No more than three unrecorded phase numbers may be issued or be effective on a tentative map at any time, unless otherwise approved by the planning commission during a public hearing.

  6. The right of the subdivider to file multiple final maps shall not limit the authority of the city to impose reasonable conditions relating the filing of multiple final maps.

  7. Multiple final maps may be filed for an approved tentative map for which no phasing has been indicated, pursuant to subsections (C)(1)(a) and (C)(1)(b) of this section; provided, that a "revised" tentative map indicating the proposed phasing is filed and approved in the same manner as the original map.

• D. Expiration of Approved Tentative Maps and Vesting Tentative Maps – Extension of Time.

  1. Tentative Subdivision Maps. An approved or conditionally approved tentative subdivision map shall expire 36 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder.

     • a. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the community development director 30 days prior to the expiration date of the tentative map and shall be accompanied by the fee set by the city council. The community development director shall forward to the planning commission a recommendation for approval or denial of the application. The planning commission may extend the date on which the map expires for one year and, on further application before the expiration thereof, may further extend it for a second year and, on further application before the expiration thereof, may further extend it for a third, final year.

     • b. The decision of the planning commission shall be final unless the decision is appealed to the city council or the city council or any council member elects to hear the matter when the notice of decision appears on the agenda.

• c. Any appeal must be filed with the city clerk of the city council accompanied by the fee set by the city council within 10 calendar days of the date of the notice of decision appears on the city council agenda.

  2. An extension of time for a tentative subdivision map shall not be granted unless the land division conforms to the general plan, is consistent with existing zoning and with applicable improvement standards, and will not be detrimental to the public health, safety and welfare.

  3. Vesting Tentative Maps. A vesting tentative map shall be subject to the same expiration and extension of time provisions as a tentative map; provided, however, that upon the recordation of a final map, the rights conferred by the vesting of the tentative map shall last for one year.

     • a. Whenever several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year initial time period shall begin for each phase when the final map for that phase is recorded.

       • i. The one-year initial time period shall be automatically extended by that time used by the city for processing a complete application for a grading permit, if the time used to process the application exceeds 30 days from the date that a complete application is filed.

     • b. Prior to the expiration of the initial time period, the subdivider may apply in writing for a one-year extension, accompanied by the fee set forth by the city council.

       • i. If the extension is denied, an appeal may be filed with the city council within 10 calendar days of the date the notice of decision appears on the city council agenda.

     • c. When the subdivider submits a complete application for a building permit during the period of time specified in this section, the vested rights shall continue until the building permit, or any extension thereto, expires.

  4. The period of time specified in this section shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction if the stay of the time period is approved by the planning commission pursuant to this paragraph. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the community development department for a stay pursuant to this section.

     • a. Applications for a stay shall be made to the community development director on the forms provided by the community development department and shall be accompanied by the filing fee set by the city council and shall include such information and documents as may be required by the community development director.

     • b. The community development director shall forward to the planning commission a recommendation for approval or denial of the request for a stay. The planning commission shall act on the requested stay within 40 days after the application is received by the community development director. The decision of the planning commission shall be forwarded to the city clerk.

• c. The decision of the planning commission shall be final unless the decision is appealed to the city council or the city council or any council member elects to hear the matter after the notice of decision appears on the agenda. Any appeal must be filed with the city clerk accompanied by the fee set by the city council within 10 days of the date the notice of decision appears on the city council agenda.

• (Ord. 171 § 17.7, 1994)