§ 12.08

Tentative maps shall be accompanied by appropriate environmental documents in accordance with the California Environmental Quality Act (Public Resources Code § 21000 et seq.).

(OCC § 7-9-242)

(a)

Unless the requirement is waived by the Director pursuant to Subsection (b) of this section or deferred pursuant to Subsection (c) of this section, tentative maps shall be accompanied by a preliminary soils

report based upon adequate test borings and prepared by a registered civil engineer. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage.

(b)

The Director may waive the preliminary soils report required by Subsection (a) for tentative tract maps where he determines that it is unnecessary because the City already has sufficient information as to the qualities of the soils in the proposed subdivision and for tentative parcel maps.

(c)

The Director may defer the requirement for a preliminary soils report until the submission of a final tract or parcel map.

(OCC § 7-9-243)

State Law reference— Soils reports, Government Code § 66490 et seq.

Sec. 12.08.080. - Additional information.

(a)

Tentative maps shall be accompanied by such additional information as may be specified by the Director. The Director shall have the authority to include among such requirements geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans, including building setback lines; evidence from the proposed sewering agency and water supplier with respect to their capacity of serving the proposed subdivision; fire protection and fuel modification reports; and any other information reasonably relevant to proposed subdivisions.

(b)

The Director may require differing amounts of supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.

(c)

The Director may require the submission of additional information after the filing of tentative maps as necessary.

(OCC § 7-9-244)

Sec. 12.08.090. - Filing.

Tentative maps shall be filed with the Director, who shall accept such maps only when he determines that the requirements for filing a tentative map established by this chapter and the Subdivision Map Act (Government Code § 66410 et seq.) have been satisfied. The date a tentative map is filed shall be the date

it is accepted by the Director. Each tract or parcel map shall be identified by a number prominently displayed on the face of the map issued by the County Surveyor.

(OCC § 7-9-245)

CHAPTER 12.10. - PROCESSING PROCEDURES FOR TENTATIVE MAPS[[4]]

Footnotes:

--- ( 4 ) ---

State Law reference— Processing tentative maps, Government Code § 66452 et seq.

Sec. 12.10.010. - Types of maps covered.

This chapter pertains to processing procedures for tentative tract maps and tentative parcel maps after they have been filed.

(OCC § 7-9-246)

Sec. 12.10.020. - Copies to concerned agencies.

(a)

Where a local agency has filed a territorial map with the Director pursuant to the Subdivision Map Act (Government Code § 66410 et seq.), the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency within three days of the date the tentative map is filed.

(b)

When the State Department of Transportation has filed with the City Council a map of territory within one mile on either or both sides of any State highway routing pursuant to the Government Code, the Director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the Department of Transportation within three days of the date the tentative map is filed.

(c)

Within three days of the date a tentative map is filed, the Director shall give notice of the filing to the governing Boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code.

(OCC § 7-9-248)

Sec. 12.10.030. - Time for action.

The Planning Commission shall act upon a tentative map within the time specified in the Subdivision Map Act (Government Code § 66410 et seq.) unless:

(1)

An extension of time for action is mutually consented to by the subdivider and the Planning Commission, in which case the map shall be acted upon within the time agreed upon; or

(2)

The subdivider withdraws the map.

(OCC § 7-9-249)

State Law reference— Time for action by Advisory Agency, Government Code § 66452.1

Sec. 12.10.040. - Reports and recommendations.

Reports and recommendations on tentative maps shall be in writing and shall be served on the subdivider at least three days prior to the date action on the map is scheduled, providing that a subdivider:

(1)

May waive this requirement; and

(2)

May consent to the receipt by the Planning Commission of additional recommendations provided that a subdivider shall be deemed to have so consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the Planning Commission takes action on the tentative maps.

(OCC § 7-9-250)

Sec. 12.10.050. - Review of tentative maps.

Each tentative map shall be reviewed by the Planning Commission, which shall approve, conditionally approve, or disapprove it.

(OCC § 7-9-251)

Sec. 12.10.060. - Substitution of revised maps.

A revised tentative map may be submitted at any time prior to action on the map by the Planning Commission. The time for action on a tentative map specified in Section 12.10.030 shall recommence upon the acceptance by the Director of a revised tentative map.

(OCC § 7-9-252)

Sec. 12.10.070. - Meetings and hearings.

(a)

The Planning Commission shall act on tentative maps at regularly scheduled meetings when the matter has been duly placed upon the Planning Commission's agenda. Public hearings shall not be required for the consideration of tentative maps, provided that the Director may set any map for public hearing before the Planning Commission when it has been determined that it would be in the public interest to do so. Whether or not a map is considered at a public hearing, the Planning Commission shall conduct its meetings in the same manner as public hearings, and all interested persons shall be given an opportunity to address the Planning Commission on any matter pertaining to a proposed subdivision.

(b)

Where approval of a tentative map will constitute a substantial or significant deprivation of the property rights of other landowners, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided by at least one of the following methods:

(1)

Direct mailing to the owners.

(2)

Posting of notice on and off the site in the area where the project is to be located.

(3)

Delivery of notice by any means other than mail to the owners.

(4)

Any other methods reasonably determined to provide actual notice.

(OCC § 7-9-253)

Sec. 12.10.080. - Zoning conformance.

(a)

The Planning Commission shall not approve or conditionally approve a tentative map which does not conform with applicable zoning except as provided in Subsection (b) below.

(b)

A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the Planning Commission on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.

(c)

A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of site development standards.

(OCC § 7-9-254)

Sec. 12.10.090. - Findings required.

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the Planning Commission makes the following findings:

(1)

That the proposed map is consistent with the City General Plan;

(2)

That the design and improvement of the proposed subdivision is consistent with the General Plan;

(3)

That the site is physically suitable for the proposed type of development.

(4)

That the requirements of the California Environmental Quality Act have been satisfied;

(5)

That the site is physically suitable for the proposed density of development;

(6)

That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

(7)

That the design of the subdivision and the type of improvements proposed are not likely to cause serious public health problems;

(8)

That the design of the subdivision and the type of improvements proposed will not conflict with easements of record or established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, 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; and

(9)

That the design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Section 12.10.080.

(OCC § 7-9-255)