Chapter 16.10 — TENTATIVE MAPS—PROCEDURES

This chapter pertains to tentative parcel maps and tentative tract maps. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. Tentative maps shall be filed with the Director, who shall accept such maps only when he/ she determines that the requirements for filing a tentative map established by this title and the Subdivision Map Act have been satisfied. The date a tentative map is filed shall be the date it is accepted as complete by the Director.

• B. Each tract or parcel map shall be identified by a number prominently displayed on the face of the map issued by the County.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. Where a local agency has filed a territorial map with the Director pursuant to the Subdivision Map Act, 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 local agency within three days of the date the tentative map is filed.

• B. When the State Department of Transportation has filed with the 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 State Department of Transportation within three days of the date the tentative map is filed.

• C. Within five 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 Government Code Section 66455.7.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

The Planning Commission and Council shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

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

• B. The applicant withdraws the map. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.10.050

§ 16.10.090

• A. Reports and recommendations on tentative maps shall be in writing and shall be provided to the applicant at least three days prior to any hearing or action on the tentative map, provided that the applicant:

  1. May waive this requirement;

  2. May consent to the receipt by the Planning Commission or Council of additional recommendations and provided further, that an applicant shall be deemed to have consented unless the applicant specifically objects to the form and timeliness of additional recommendations prior to the time the Planning Commission or Council takes action on the tentative map.

• B. The Director may provide additional recommendations on tentative maps to the Planning Commission, and the Planning Commission may provide additional recommendations on tentative maps to the Council. Any additional recommendations shall be provided to the applicant at least three days prior to any hearing or action on the tentative map.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Each tentative parcel map shall be reviewed by the Planning Commission, which shall approve, conditionally approve, or deny the tentative map. Each tentative tract map shall be reviewed by the Council, which shall approve, conditionally approve, or deny the tentative map. (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

A revised tentative map may be submitted at any time prior to action on the map by the Planning Commission or Council. The time for action on a tentative map specified in Section 16.10.040 (Time for Action) shall recommence upon the acceptance by the Director of a revised tentative map.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. The Planning Commission or Council shall act on tentative maps at regularly scheduled meetings or duly noticed special meetings when the matter has been duly placed upon the Commission or Council's agenda. Public hearings shall be required for the consideration of tentative maps. At a public hearing, the Planning Commission or Council shall allow all interested persons an opportunity to address the Planning Commission or Council on any matter pertaining to a proposed subdivision.

• B. Notice of a public hearing shall be given to all persons shown in the latest equalized assessment roll as owning property within 500 feet of the property proposed to be subdivided pursuant to the requirements of Government Code Section 66451.3.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. The Planning Commission or Council shall not approve or conditionally approve a tentative map which does not conform with applicable property development standards as specified in this title, Title 17 (Zoning Regulations), and the General Plan, except as provided in

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City of Los Alamitos, CA § 16.10.090

LOS ALAMITOS CODE

• B. A tentative map may be approved when it conforms with property development standards which have been recommended for adoption by the Planning Commission or Council on the condition that the property development standards must become effective prior to recordation of the final tract or final parcel map.

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

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

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

• A. The design and improvement of the proposed subdivision is consistent with the City's General Plan;

• B. The site is physically suitable for the proposed type of development;

• C. The requirements of the California Environmental Quality Act have been satisfied;

• 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 substantial and avoidable injury to fish or wildlife or their habitat unless environmental mitigation is infeasible pursuant to Government Code Section 66474.01;

• F. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems;

• G. The design of the subdivision and the proposed improvements 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

• H. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with Section 16.10.090 (Property Development Standard Conformance).

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. The Planning Commission or Council shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by either the Santa Ana Regional Water Quality Control Boards. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the Planning Commission or Council shall deny the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.10.110

§ 16.10.130

• B. In the event a subdivision fronting upon the coastline or shoreline or upon a public waterway, river, or stream owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with requirements of Sections 16.12.230 (Rivers and Streams), the Planning Commission or Council shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be denied.

• C. If the Planning Commission or Council approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 16.12.260 (Deviations from Standards of Design), the Planning Commission or Council shall make a finding or findings that each deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

• D. The Planning Commission or Council shall determine whether the design of the subdivision provides for future passive or natural heating or cooling opportunities pursuant to Government Code Section 66473.1.

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the Director. In all cases, the Director shall attempt to notify any third parties who had previously indicated an interest in the matter of the consideration of the modification. The Director may elect instead to forward any such request to the Planning Commission for consideration and action.

(Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

• A. In accordance with Government Code Section 66452.6, an approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, unless prior to the expiration date the property owner or authorized representative requests an extension of time to extend the map, or, if the property owner is required to expend the dollar amount identified in the provisions of Government Code Section66452.6 to finance public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundaries of the property to be subdivided and which are reasonably related to the development of the property, as identified in Government Code Section 66452.6.

• B. The Council may grant an extension of time for any map for a period or periods not exceeding a total of 36 months beyond the original date of expiration, or as may otherwise established by the Subdivision Map Act.

• C. In accordance with Government Code Section 66452.11, if an approved tentative map had not expired on September 13, 1993, the life of the tentative map shall be extended for 24 months.

• D. An extension may be granted only where it will not result in conditions or circumstances contrary to the public health, safety, or the general welfare, as identified in Government Code Section 66452.6.

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City of Los Alamitos, CA

LOS ALAMITOS CODE

§ 16.10.130

§ 16.10.140

• (Ord. 580 § 2, 1994; Ord. 19-03 § 3, 2019)

Any interested person may appeal to the Council from any action of the Planning Commission with respect to a tentative parcel map by filing an appeal in accordance with Chapter 17.60 (Appeals) of the Municipal Code.

(Ord. 580 § 2, 1994; Ord. 12-05 § 2, 2012; Ord. 19-03 § 3, 2019)

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City of Los Alamitos, CA

SUBDIVISIONS

§ 16.12.010

§ 16.12.040

CHAPTER 16.12 STANDARDS OF DESIGN