La Verne Municipal Code Art. I Generally

Any person desiring to subdivide land in the city for the purposes of lease, sale or financing or recordation, either immediate or future, first shall submit to the community development department together with prescribed fees, a tentative map, the number of copies to be determined by the city.

(Ord. 858 § 3, 1994)

In accordance with Government Code, Section 66474.9, the subdivision shall provide documentation to the satisfaction of the city attorney and city engineer defending, indemnifying and holding the city or its agents, employees and officers from any claim, action or proceeding against the city to attack, set aside, void or annul the city's approval.

(Ord. 858 § 3, 1994)

Nothing in this chapter shall be construed to prohibit the filing of any number of different or revised tentative maps, regardless of whether the tentative map has been approved, and optional tentative maps may be filed at the same time. Revised tentative maps shall contain thereon the word "Revised" after the tentative tract number. Each filing shall constitute a separate action and require the payment of separate filing fees, unless the map has been revised at the request of the city.

(Ord. 858 § 3, 1994)

A statement that the applicant is the owner or is legally empowered to act for the owner of the property for which the application is filed shall be submitted with the tentative map.

(Ord. 858 § 3, 1994)

Tentative maps shall be to a scale between one inch (12.54 centimeters) equals one hundred feet (30.48 meters) and one inch equals forty feet (12.192 meters), inclusive, unless otherwise approved by the city engineer. The city engineer may require a specific scale in order for the map to comply with the requirements of Section 16.16.050 of this code. The maps shall be clearly and legibly reproduced.

(Ord. 858 § 3, 1994)

The tentative map shall show and contain the following matter as an aid to the community development director, planning commission, development review committee and city council in their consideration of the design of the subdivision:

A. Tract number;

B. Date of preparation, north arrow and scale;

C. Names and addresses and telephone numbers of the subdivider, record owner, person preparing the maps, soils engineer/geologist and utility companies;

D. A site location map showing the general location of the proposed subdivision and a general legal description of the proposed tract;

E. Boundary lines of the subdivision, to be shown by a shaded border;

F. Existing zoning in the proposed subdivision;

G. The approximate layout, dimensions and number of lots;

H. Indication of adjacent property in which the subdivider has an ownership interest;

I. Ownership lines of adjoining parcels of property;

J. Proposed public area, if any;

K. Approximate location and outline to scale of all buildings and structures which are not to be moved, and all trees which are to remain or to be removed, including species or size, except citrus;

L. Locations, names and existing widths, and widths as proposed on the general plan, of all adjoining highways and ways;

M. Future street extensions on adjacent properties that may reasonably be expected to be subdivided in whole or in part at some future date, shown in dotted lines;

N. Location, widths and grades of all highways, streets, trails and pedestrian ways within the proposed subdivision;

O. Each street shown by its actual name or by a temporary name or letter for purposes of identification until the proper name of such street is determined;

P. The approximate radii of all curves;

Q. Location of dividing strip, if any;

R. The widths and approximate locations of all existing or proposed easements, rights-of-way within the subdivision or along its boundaries, whether public or private, for roads, streets, railroads, drainage, stormwater, sewers or public utility purposes;

S. Where topography controls or influences the layout of streets, water supply, drainage or sewage, approximately accurate contours drawn to the satisfaction of the city engineer;

T. Approximate location of all areas subject to inundation or stormwater overflow to a storm frequency determined by the city engineer and the locations, widths and direction of flow of all watercourses;

U. Approximate acreage of land being subdivided;

V. Tentative phasing (to be supplied with environmental documents).

(Ord. 858 § 3, 1994)

The following special submittal requirements shall apply for the filing of tentative tract maps in specified planning areas as indicated:

A. Foothill Boulevard Specific Plan. Tentative tract map submittals within the Foothill Boulevard specific plan shall include:

1. Indications of proposed interparcel access connection to adjoining parcels;

2. Concept diagrams illustrating future development potential, including access, parking, building shells, landscaping and monumentation, pedestrian nodes or amenities prescribed by the general plan;

3. Market and/or fiscal studies where required by the Foothill Boulevard specific plan;

4. Utility site plan prepared to the satisfaction of the public works director.

B. Hillside Development Overlay Zone. Tentative map filings in the hillside development overlay zone shall be accompanied by:

1. A constraints map illustrating all topographic, biological, utility and relief features including but not limited to stands of trees, environmentally sensitive habitat, ridgelines, watercourses, vernal pools, riparian areas, slopes twenty-five percent or greater and calculating net developable acreage as provided by the land use and community design elements of this chapter and the hillside development overlay zone;

2. Conceptual grading and development studies including but not limited to cut-and-fill maps illustrating the amount and depth of cut-and-fill; enlarged photographic studies with grading, superimposed to illustrate maximum grading impact; and, unless waived by the community development director or city engineer, three-dimensional scale models or computer generated studies prepared to the specifications of the community development director or designee;

3. Environmental initial study in such form as may be prescribed by the community development director pursuant to state law;

4. Conceptual fuel modification, amenities and landscaping subject to the requirements of the general plan and hillside development overlay zone;

5. Fiscal impact study prepared to the specifications of the community development director and finance officer;

6. Utility site plan prepared to the specifications of the public works director;

7. Tree plan, arborist study and tree preservation program prepared to the standards of the city landscape architect or designee.

C. Historic Properties. Whenever a proposed subdivision includes a property which is greater than fifty years old and has been surveyed or documented as having potential significance as a cultural or historical resource, applicant shall provide at applicant's sole expense a detailed historic site inventory and mitigation program prepared to the satisfaction of and under the sole discretion of the community development director or designee. This study shall include at a minimum:

1. Detailed written report prepared by an independent and qualified consultant in the field of architectural history, historic presentation, archaeology, paleontology or cultural resource management, documenting this site's features and their historical or cultural significance and the level of protection merited by those findings;

2. Recommendations for the protection and preservation of said resource(s);

3. An architectural quality photographic portfolio and key diagrams, prepared by a qualified architectural photographer and prepared to the standards of the Historic American Building Survey/Historic American Engineering Record, to the satisfaction of the community development director or designee.

D. Industrial Specific Plan. Subdivisions filed in the industrial specific plan planning area shall include, in addition to the requirements of Section 16.16.050, a phase I study of potential subsurface hazards sufficient to provide certification that the property is free of chemical or contaminant hazards. Should the phase I study find the existence of such hazards, then a detailed mitigation strategy for remedial cleanup shall also be provided.

(Ord. 858 § 3, 1994)

Before filing a tentative map the subdivider shall obtain from the county engineer the assignment of a number for the tract to be subdivided. When a number shall have been assigned for subdivision, the subdivider shall place the same upon each sheet of the tentative and final maps of the subdivision and the number shall not thereafter be changed or altered in any manner upon any tentative or final map of the subdivision unless and until a new number shall have been assigned.

(Ord. 858 § 3, 1994)

Copies of the tentative map for tracts of five or more lots shall be submitted to the city engineer and to the appropriate review agencies for their review and report thereon. Upon receipt of a copy of such tentative map, each review agency or person to whom the same has been transmitted shall examine the map to ascertain if the subdivision proposed thereon conforms to the requirements coming within the authoritative scope of the agency, and upon receipt thereof, shall prepare a report to the decisionmaking body.

Table 16.16.070 Agencies to Receive Tentative Maps for Review

(Ord. 858 § 3, 1994)

The city engineer shall check all tentative maps for conformity with the provisions of this chapter.

(Ord. 858 § 3, 1994)

After review by the city engineer and trustee agencies, and in accordance with statutory timelines provided by this code, the community development director shall refer the map to the development review committee for consideration and recommendation. The development review committee shall review staff recommendations and within fifty days after the filing of such tentative map shall recommend to the planning commission for approval, conditional approval, or denial of the tentative map.

(Ord. 858 § 3, 1994)

The time limit for acting and reporting on tentative maps may be extended by mutual consent of the subdivider and community development, but in no event shall exceed the maximum time limits provided by the Permit Streamlining Act (Government Code Section 65920, et seq.) and Subdivision Map Act (Government Code 66452.1).

(Ord. 858 § 3, 1994)

If no action is taken by the development review committee within these time limits, the tentative map as filed shall be deemed to be recommended for approval and it shall be the duty of the city clerk to note the recommendation and to transmit the tentative map to the planning commission together with staff recommendations.

(Ord. 858 § 3, 1994)

A. Within ten days of the development review committee's action, the tentative map shall be scheduled for hearing before the planning commission at the next available meeting date, except that where a map is filed in connection with a legislative application for general plan amendment, zone change or specific plan, the map application may be carried concurrently with the other applications.

B. The planning commission shall conduct its hearing substantially in accordance with the standards of Section 16.16.200 of this chapter; and hearing shall be noticed by publication, posting and/or mailing as provided by the Subdivision Map Act.

C. Where processing deadlines provided by state law under the Permit Streamlining Act conflict with Environmental Quality Act, the longer period of time shall be allowed for processing.

(Ord. 858 § 3, 1994)

Prior to approving any tentative map, the decisionmaking body shall make the following findings and determinations:

A. The tentative tract map is consistent with the applicable general and specific plans as specified in Section 65451, including provisions in the housing element governing the provision of affordable housing;

B. The design or improvement of the subdivision is consistent with the general plan and any applicable specific plan;

C. The tentative tract map meets the requirements of the zoning ordinance;

D. The site is physically suitable for the proposed density of development;

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

F. The design of the subdivision or type of improvements is not likely to cause serious public health problems;

G. The design of the subdivision or 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. (In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided; and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision);

H. Discharge of wastes from the proposed project will not result in the violation of existing requirements as prescribed by California Regional Water Quality Control Board;

I. The subject property is not land subject to contract pursuant to the California Land Conservation Act;

J. The design of the subdivision reduces the deficiency in housing allocation as qualified in the city's housing element.

(Ord. 858 § 3, 1994)

The time limit for acting and reporting on tentative maps may be extended by mutual consent of the subdivider and the decisionmaking body per Section 66452 of the Subdivision Map Act.

(Ord. 858 § 3, 1994)

If no action is taken by the decisionmaking body within these time limits, the tentative map as filed shall be deemed to be approved and it shall be the duty of the city clerk to so certify.

(Ord. 858 § 3, 1994)