Imperial County Municipal Code Ch. 3 Subdivisions - Tentative Map Procedure

Footnotes:

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Editor's note— Sec. 5 of Ord. No. 1565, adopted December 15, 2020, rescinded Ch. 3, which pertained to the same subject matter, consisted of §§ 90803.00—90803.06, and derived from the prior code. Section 6 of said ordinance enacted provisions to read as herein set out.

Any person proposing to create a subdivision shall file a tentative map pursuant to this Division and applicable applications pursuant to Title 9. The County shall not consider nor approve a final map unless prior thereto a tentative map of the subdivision has been previously filed and approved.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Prior to filing of a tentative map, a map number shall be obtained from the Planning and Development Services Department. Any number that is not used within two (2) years from the date it is issued shall become null and void.

B. When the tentative map is a Parcel Map (Minor Subdivision) it shall be preceded by a "PM" designation.

C. When the tentative map is a Tract Map (Major Subdivision) it shall be preceded by the word "Tract".

D. When applying for a map number, the subdivider shall provide information to show who is the record owner of the property, the assessor's parcel number, legal description of the property, along with the name of the person requesting the number.

E. When a number has been assigned by the County Planning and Development Services Department for a particular parcel or contiguous parcels of land, the subdivider shall place the map number upon each tentative map of the land division and neither the number nor the area of the parcel of land for which the number is issued shall thereafter be changed or altered in any manner upon the tentative map of the land division unless and until a new number has been assigned by the Planning and Development Services Department.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

All tentative maps shall be in the form prescribed by the Planning Director, Planning Commission or the Board of Supervisors and shall contain at a minimum the following:

A. Tentative Tract Maps and Vesting Tentative Tract Maps: Eighteen (18) inches x twenty-four (24) inches minimum sheet size (two hard copies and one digital format are required).

B. Tentative Parcel Maps drawn on the County's standard "Tentative Parcel Map" form or on standard engineering paper at a minimum of eighteen (18) inches x twenty-four (24) inches in size.

C. Legal description and all Assessor's Parcel Numbers.

D. Name and address of owner(s).

E. Name, address, license number, seal or stamp, signature and date of signing of the person preparing the map.

F. Show entire existing and proposed lot layout and design accurately.

G. Map must be drawn to scale.

H. Show all existing and proposed structures and their disposition (above and below surface) with dimensions.

I. Show all existing and proposed easements, rights-of-way, public and private roads, canals and drains.

J. Show north arrow, scale and date.

K. Show all existing and proposed utilities (i.e. water, sewer and electrical).

L. Show approximate existing and proposed net and gross acreage of all lots.

M. Show roads/streets and rights-of-way providing legal and physical access to the property.

N. Show radius of all curves.

O. Show name, location and width of proposed roads/streets.

P. Show existing culverts, bridges, drain pipes and other existing drainage facilities.

Q. Indicate proposed drainage facilities including facilities for storm water run-off and provide for erosion control, including prevention of sedimentation or damage to off-site property.

R. Land subject to overflow, inundation or flood hazard or identified as being in the flood zone per FEMA Flood Rate Maps, must be shown in detail.

S. Soils report with a percolation test must be provided during application processing if subdivision proposes one or more lots of five acres or less. A soils report shall be required for every subdivision project. This report shall be provided prior to recordation, unless waived in writing by Public Works Director.

T. Current Preliminary Title Report (no more than six months old), current vesting deed(s) and supporting documentation must be provided.

U. Existing uses around the proposed subdivision must be shown.

V. Land identified as being in the earthquake fault zone by the state geologist, pursuant to the Alquist-Priolo Earthquake Fault Act is to be clearly depicted.

W. Written statement from Imperial County Division of Environmental Health stating the type of sewer and water supply necessary for the subdivision is to be provided.

X. Additional Tract Map requirements:

1. Contours on a two-foot interval for zero to two percent slopes and five-foot intervals for steeper slopes.

2. Subdividers Statement. The tentative final map shall be accompanied with a detailed statement showing the general intent for the development of the property. This shall include proposed usage, names and locations of adjacent streets, names and recording data of adjoining subdivisions. There shall also be a justification and/or reasons for exceptions requested from the provisions of the Ordinance.

3. Phased map requires a detailed phase plan, timing each phase with an over-all plan not to exceed ten (10) years.

4. A vicinity map.

5. Land and parks to be dedicated to public are to be depicted.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

A. This section is enacted pursuant to Section 66498.1 of the Government Code, and is intended to establish procedures necessary to implement the provisions of the Subdivision Map Act and this Title. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with County Ordinances policies and standards described in Section 66474.2 of the Government Code, however that approval shall confer a vested right to proceed with the development in substantial compliance with the County ordinances, policies, and standards which are in effect at the time the vesting tentative map is approved or conditionally approved. The rights conferred by this Section shall expire if a final map is not approved/recorded prior to the expiration of the vesting tentative map.

B. Whenever a vesting tentative map and applicable application are filed with fees paid, it shall be processed in the same manner as a tentative map unless modified by this Section, and shall have printed conspicuously on its face the words "Vesting Tentative Map".

C. Whenever the intended development of a vesting tentative map is inconsistent with the zoning ordinance in existence at the time of the filing of the map, that inconsistency shall be noted on the map, and the map may be denied or approved upon condition that the zoning is changed to eliminate the inconsistency. A conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the amended zoning and the map, as approved.

D. Notwithstanding any provision herein to the contrary, any permit approval, extension, or entitlement of a vesting tentative map shall be conditioned or denied under either of the following circumstances:

1. 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.

2. The condition of denial is required in order to comply with state or federal law. In addition, the conditions of approval of a vesting tentative map may be amended through a minor change in order to protect against conditions dangerous to the public health or safety.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

There shall be filed with each tentative map a grading plan showing any and all grading proposed or required for the creation of building sites within the subdivision or for construction or installation of improvements to serve the subdivision. This grading plan shall clearly show all on-site grading and shall show how off-site drainage resulting from the subdivision is managed or controlled to prevent adverse impacts.

(Ord. No. 1565, §§ 5, 6, 12-15-20)

A. Tentative Parcel Maps: An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after such approval unless within that period of time a parcel map shall have been approved and filed with the County Recorder. Prior to the expiration date, subdivider may apply in writing for an extension of time.

However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

B. Tentative Tract Maps: An approved or conditionally approved tentative tract map shall expire twenty-four (24) months after such approval unless within that period of time a final map shall have been approved and filed with the County Recorder. Prior to the expiration date, the subdivider may apply in writing for an extension of time.

However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790.000) or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the land division, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map shall extend the expiration of the approved or conditionally approved land division map by forty-eight (48) months from the date of expiration, as provided in this Section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the land division more than ten (10) years from its approval or conditional approval. The number of phased final maps which may be filed shall be determined by the Board of Supervisors at either the time of the approval or conditional approval of the subdivision.

However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.

C. Vesting Tentative Maps: A vesting tentative map shall expire twenty-four (24) months after such approval unless within that time period a final map is recorded, the rights conferred on the vesting tentative map shall automatically extend for oneyear. 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. The one-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit if the time used to process the application exceeds thirty (30) days from the date that a complete application is filed. The Planning Director or Planning Commission may extend the date on which the map expires for oneyear and, on further application before expiration thereof, may further extend it upon application for one year terms up to eight years. The decision of the Planning Commission may be appealed to the Board. Any appeal must be filed within ten (10) days of the Planning Commissions decision by filing a written appeal with the Clerk of the Board of Supervisors accompanied by the fee set forth in County Ordinance. 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.

D. Public Improvements: Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790.00) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.

"Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

E. Any extension of time shall not be granted unless the land division conforms to the Comprehensive General Plan, is consistent with existing zoning, and does not adversely affect the general health, safety, and welfare of the public.

F. Extensions of Time for Maps:

1. Discretionary: The subdivider shall make application for a discretionary time extension to the Planning Director at a minimum sixty (60) days prior to expiration date of the tentative map and shall be accompanied by the fee set forth in the County Ordinance. The Planning Director shall approve or deny such request or shall forward to the Planning Commission a recommendation for approval or denial of the application. The Planning Director or Planning Commission may extend the date on which the map expire for one year and, on further application before expiration thereof, may further extend it upon application for one year terms up to six years.

The period of extension specified in this subdivision shall be in addition to the period of time specified in Subdivisions A, B and Day above. Before the expiration of the tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal within fifteen (15) days after the Planning Director or Planning Commission has denied the extension. Appeals of the Planning Director to the Planning Commission are filed in writing with the Planning Department, while appeals of the Planning Commission to the Board of Supervisors are filed in writing with the Clerk of the Board of Supervisors. Appeals must be accompanied by the fee set forth in the County Ordinance.

Any extension of time shall not be granted unless the land division conforms to the County General Plan, is consistent with existing zoning, and does not adversely affect the general health, safety, and welfare of the public.

2. Moratoriums: The period of time specified in Subsections A and B above shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty (120) days, the map shall be valid for one hundred twenty (120) days following the termination of said moratorium. A development moratorium shall include a water/sewer moratorium as well as other actions of public agencies which regulate land use, development, or the provisions of services to the land, other than the County which thereafter prevents, prohibits, or delays the approval of a final or a parcel map.

3

Lawsuits: The period of time specified in Subsections A, B and D above 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 Advisory Agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the County, the subdivider may apply to the Planning Department for a stay pursuant to this section.

Applications for a stay due to Lawsuits shall be made to the Planning Director on the forms provided by the Planning Department, shall be accompanied by the filing fee set forth in the County Ordinance and shall include such information and documents as may be required by the Planning Director. The Planning 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 fifty (50) days after the application is received by the Planning Director. The decision of the Planning Commission may be appealed to the Board of Supervisors. Any appeal must be filed with the Clerk of the Board of Supervisors accompanied by the fee set forth in the County Ordinance.

G. Expiration of Tentative Maps. The expiration of the tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the Planning Director without first processing a new tentative map.

H. Timely Filing. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

(Ord. No. 1565, §§ 5, 6, 12-15-20; Ord. No. 1587, §§ 1, 2, 12-5-23)

Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved and has not yet expired or been recorded, the subdivider may file with the Planning and Development Services Department a revised tentative map including payment of the fees prescribed in County Ordinances.

A. A revised tentative map shall meet the following requirements:

1. The proposed revised subdivision shown on such map shall substantially conform to the street and lot pattern shown on the approved tentative map.

2. The proposed revised subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the original subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include.

3. The revised map shall contain and include all of the information required on the original tentative map and shall be accompanied by such data as is required to be filed with tentative maps.

B. A revised tentative map may be filed within ninety (90) days prior to the expiration of the approved original tentative map.

C. Upon the filing of a revised tentative map and payment of the applicable fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved or disapproved in the same manner as a tentative map, provided, however, that the subdivider shall have twelve (12) months from the approval or conditional approval of the revised tentative map within which to record a final map. Any additional extensions shall be consistent with Section 90803.05.

(Ord. No. 1565, §§ 5, 6, 12-15-20)