Lodi Municipal Code Ch. 17.52 Tentative Map Filing and Processing

This chapter establishes requirements for the preparation, filing, approval or disapproval of tentative maps, consistent with the requirements of the Map Act.

(Ord. No. 1869, § 2, 2-20-2013)

Tentative map submittal shall include the application forms, and all information and other materials prepared as required by the community development department and the public works director.

(Ord. No. 1869, § 2, 2-20-2013)

A. General Filing and Processing Requirements. Tentative map applications shall be submitted to the community development department for processing, be reviewed for completeness and accuracy, referred to affected agencies, reviewed in compliance with the California Environmental Quality Act (CEQA) where applicable, and evaluated in a staff report in compliance with Chapter 17.38 (Application Filing and Processing).

B. Referral to Affected Agencies. In addition to the procedures outlined in Chapter 17.38 (Application Filing and Processing), a tentative map application shall be referred to the agencies outlined in this subsection as required by the Map Act, as well as any other city department, county, state or federal agency, or other individual or group that the community development director believes may be affected by the subdivision, or may have information useful to the city about issues raised by the proposed subdivision.

1. Time Limits for Referrals. As required by Map Act Sections 66453 through 66455.7, referral shall occur within five days of the tentative map application being determined to be complete in compliance with Section 17.38.060 (Initial Application Review) of this development code. An agency wishing to respond to a referral shall provide the department with its recommendations by the due date set by the community development director after receiving the tentative map application.

2. Required Referrals. The community development director shall refer tentative map applications for review and comment to any of the following agencies that will be expected to provide service to the proposed subdivision.

a. City departments;

b. County agencies;

c. Other cities and local agencies;

d. Public utilities; and

e. State agencies.

(Ord. No. 1869, § 2, 2-20-2013)

After completion of the initial processing and the application being deemed complete in compliance with Section 17.38.060, the community development director shall:

A. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this article, the general plan, any applicable specific plan, and the Map Act;

B. Review the tentative map in compliance with CEQA;

C. Determine the extent to which the proposed subdivision complies with the findings in Section 17.52.070 (Tentative Map Approval or Disapproval); and

D. Prepare a staff report to the review authority in compliance with Section 17.52.060 (Tentative Map Public Hearings), describing the conclusions of the evaluations of the map, and recommending to the review authority the approval, conditional approval, or denial of the tentative map.

(Ord. No. 1869, § 2, 2-20-2013)

After review of a tentative map in compliance with Section 17.38.060, the commission shall:

A. Conduct a public hearing on a proposed tentative map in compliance with Section 17.52.060 (Tentative Map Public Hearings), and consider the recommendations of the community development director, any agency comments on the map, and any public testimony;

B. Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this article, the general plan, any specific plan, and the Map Act. The review authority's evaluation shall be based on the staff report (Section 17.38.080), information provided by an initial study or environmental impact report (EIR), where applicable, and any public testimony received; and

C. Within thirty days after the filing of the report and recommendation of the community development director with the review authority, approve, conditionally approve or deny the tentative map.

Approval or conditional approval of a tentative map shall be granted only after the commission has first made all findings required by Section 17.52.070 (Tentative Map Approval or Disapproval). The commission may impose conditions of approval in compliance with Section 17.52.080 (Conditions of Approval).

(Ord. No. 1869, § 2, 2-20-2013)

When a public hearing is required by this article for a tentative map, the hearing shall be scheduled and conducted in compliance with this section, with public notice being provided in compliance with Chapter 17.74 (Public Hearings) of this article.

A. Scheduling of Hearing, Action. After a tentative map application has been deemed complete, a public hearing on the tentative map shall be scheduled, and action shall be taken, within the time limit specified by Map Act Section 66452.1.

B. Distribution of Staff Report. The staff report on the tentative map shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion) at least three days before any hearing or action on the tentative map by the commission.

(Ord. No. 1869, § 2, 2-20-2013)

In order to approve a tentative map and conditions of approval, or to disapprove a tentative map, the commission shall first make the findings required by this section. In determining whether to approve a tentative map, the city shall apply only those ordinances, policies, and standards in effect at the date the department determined that the application was complete in compliance with Section 17.52.030 (Tentative Map Filing, Initial Processing), except where the city has initiated changes to the general plan, an applicable specific plan, or this development code, and provided public notice as required by Map Act Section 66474.2.

A. Required Findings for Approval. The commission may approve a tentative map only when it shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection C can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.

B. Supplemental Findings. The commission shall make the following findings, when they are applicable to the specific subdivision proposal.

1. Construction of Improvements. It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the parcel map, where road improvements are required.

2. Condominiums. Any applicable findings required by the Map Act for condominium conversions.

3. Dedications or Exactions. Any applicable findings required by Section 17.58.030 (Findings Required for Dedications or Exactions), if dedications or exactions are required.

4. Waiver of Parcel Map. The findings required by Section 17.54.030 (Waiver of Parcel Map), if waiver of a parcel map has been requested with the tentative map application.

C. Findings Requiring Denial. A tentative map shall be denied if the commission makes any of the following findings:

1. The proposed subdivision including design and improvements is not consistent with the general plan or any applicable specific plan;

2. The site is not physically suitable for the type or proposed density of development;

3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat;

4. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;

5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the commission finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision;

6. The discharge of wastewater from the proposed subdivision into the community wastewater system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board;

7. Information available to the city indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the public works director or the commission that the conditions can be corrected in the plan for the development; or

8. The proposed subdivision is not consistent with all applicable provisions of this title, any other applicable provision of the municipal code, and the Subdivision Map Act.

(Ord. No. 1869, § 2, 2-20-2013)

Along with the approval of a tentative map, the adoption of conditions of approval shall occur in compliance with this section, provided that all conditions shall be consistent with the requirements of the Map Act.

A. Mandatory Conditions. The commission shall adopt conditions of approval that will:

1. Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, wastewater facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision;

2. Mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding considerations has been adopted in compliance with CEQA;

3. Carry out the specific requirements of this article;

4. Secure compliance with the requirements of this article and the general plan;

5. Require that any designated remainder parcels not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Section 17.56.040) is obtained in compliance with this article; and

6. Require the dedication of additional land for bicycle paths, local transit facilities, (including bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, in compliance with Map Act Chapter 4, Article 3, where required by the general plan.

B. Optional Conditions. The commission may also require as conditions of approval:

1. The waiver of direct access rights to any existing or proposed streets;

2. The reservation of sites for public facilities, including schools, and fire stations, libraries, parks, and other public uses in compliance with Map Act Chapter 4, Article 4;

3. Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; or

4. Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with city ordinances or state law.

(Ord. No. 1869, § 2, 2-20-2013)

The approval of a tentative map shall become effective for the purposes of filing a parcel or final map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the commission.

(Ord. No. 1869, § 2, 2-20-2013)

A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map in compliance with this section. Changes to a parcel or final map after recordation are subject to Section 17.54.120 (Amendments to Recorded Maps).

A. Limitation on Allowed Changes. Changes to a tentative map that may be granted at the discretion of the director in compliance with this section and include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section. Other changes shall require the filing and processing of a new tentative map.

B. Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:

1. A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes; and

2. Any additional information deemed appropriate by the department.

C. Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.

D. Findings for Approval. The commission shall not modify the approved tentative map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 17.52.070(A) and (B) can still be made:

1. There was a material mistake of fact in the deliberations leading to the original approval;

2. There has been a change of circumstances related to the original approval; or

3. A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this article.

E. Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 17.52.130 (Tentative Map Time Limits, Expiration, and Time Extensions).

(Ord. No. 1869, § 2, 2-20-2013)

A. Compliance with Conditions, Improvement Plans. After approval of a tentative map pursuant to this article, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans in compliance with Chapter 17.60 (Improvement Plans and Agreements), before constructing any required improvements.

B. Parcel or Final Map Preparation, Filing and Recordation.

1. A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded in compliance with Chapter 17.54 (Parcel Maps and Final Maps), to complete the subdivision, unless a parcel map has been waived in compliance with Section 17.54.030 (Waiver of Parcel Map).

2. A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Chapter 17.54 (Parcel Maps and Final Maps), to complete the subdivision.

(Ord. No. 1869, § 2, 2-20-2013)

This section establishes procedures to implement the vesting tentative map requirements of state law, Sections 66498.1 et seq. of the Map Act.

A. Applicability. Whenever this article requires that a tentative map be filed, a vesting tentative map may instead be filed, provided that the vesting tentative map is prepared, filed and processed in compliance with this section. A vesting tentative map may be filed for residential, commercial or industrial developments.

B. Procedures for Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this article as a tentative map, except as follows:

1. Application Content. In addition to the information required by Section 17.52.020 (Tentative Map Preparation, Application, Contents), a vesting tentative map shall include:

a. A grading plan in conformance with the city grading ordinance and design standards. The grading plan shall contain precise grading of the entire subdivision and shall include all existing and proposed topography. The proposed topography shall include, but not be limited to, the elevations on all building pads, street grades and elevations at all lot corners;

b. Complete sanitary sewer plans accompanied by a sewer area study;

c. Complete water plans;

d. Complete storm drain plans;

e. Complete street plans;

f. Complete landscape plans;

g. Any geological studies, if required;

h. A complete drainage study. The study shall include, but not be limited to, a ten year drainage study along with the one-hundred-year drainage study. The one-hundred-year study shall show the hydraulic grade line (HGL) at critical locations for each subdivision unit;

i. A complete site plan showing the buildings and exterior features of each lot. For single-family detached lots the site plan shall show the typical building envelopes. It shall also show all building setbacks, building heights, number of stories, driveway locations, landscaped areas and all other improvements proposed to be installed (this may be waived at the discretion of the city engineer and/or planning director);

j. Any engineering calculations and cost estimates for all improvement plans;

k. A tree preservation plan;

l. A soils report prepared by a soils engineer; and

m. Any and all other studies, reports, plans, specifications or additional information required by the city engineer or the community development director.

2. Findings for Approval. The approval of a vesting tentative map shall not be granted unless the commission first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 17.52.070 (Tentative Map Approval or Disapproval).

C. Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Sections 17.52.130 (Tentative Map Time Limits, Expiration, and Time Extensions).

D. Changes to Approved Map or Conditions. The subdivider may apply for an amendment to the vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. An amendment request shall be considered and processed through the same procedures as a new application, in compliance with this section and pursuant to the provisions of the Subdivision Map Act Section 66498.2.

E. Development Rights Vested. The approval of a vesting tentative map shall confer the rights specified by Map Act Section 66498.1 et seq.

F. Duration of Vested Rights. The development rights vested by this section shall be subject to the time limits specified in Map Act Section 66498.5.

(Ord. No. 1869, § 2, 2-20-2013; Ord. No. 1896, § 1, 8-20-2014)

The processing of a tentative map shall be completed, and an approved tentative map shall be subject to the time limits for expiration and procedures for extension as follows:

A. Expiration of Approved Tentative Map. An approved tentative map is valid for twenty-four months after its effective date (Section 17.66.130), except as otherwise provided by Map Act Sections 66452.6, 66452.11, 66452.13, or 66463.5. At the end of twenty-four months, the approval shall expire and become void unless:

1. A parcel or final map has been filed with the public works director in compliance with Chapter 17.54 (Parcel Maps and Final Maps); or

2. An extension of time has been granted in compliance with subsection B.

Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new tentative map application is filed.

B. Extensions of Time for a Tentative Map. When a subdivider has not completed all tentative map conditions of approval and filed a parcel or final map with the city within the time limits established by this section, time extensions may be granted as follows. Extension requests shall be in writing and shall be filed with the community development department on or before the date of expiration of the approval or previous extension, together with the required filing fee:

1. Tentative Maps and Vesting Tentative Maps. The commission may grant extensions to the initial time limit for one year at a time, up to a maximum total of three years, only after finding that:

a. There have been no changes to the provisions of the general plan, any applicable specific plan or this article applicable to the project since the approval of the tentative map;

b. There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan or other standards of this article apply to the project; and

c. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project.

2. Tentative Maps with Multiple Final Maps. Where a subdivider is required to expend more than the amount specified in Map Act Section 66452.6 and multiple final maps are filed covering portions of a single approved tentative map, each filing of a final map shall extend the expiration of the tentative map by an additional thirty-six months from the date of its expiration, or the date of the previously filed final map, whichever is later. Provided that the total of all extensions shall not extend the approval of the tentative map more than ten years from its approval.

(Ord. No. 1869, § 2, 2-20-2013)