Article 8 — STANDARD PROCEDURE: TENTATIVE MAPS: IMPROVEMENT PLANS

Prior to the filing of a tentative map of a subdivision, a tract number shall be obtained from the secretary of the Commission.

The initial action in connection with the subdivision of land shall be the preparation of a reproducible tentative map which shall comply with the provisions of Articles 4 and 5 of this chapter as to design. (§ 6.02, Ord. 341)

Tentative maps shall include the data outlined within the codified applications and submittal requirements adopted by the Los Banos City Council.

(§ 6.02, Ord. 341, as amended by § 1, Ord. 835, eff. Oct. 19, 1990, and § 30, Ord. 1102, eff. February 4, 2012)

Documents. Accompanying the tentative map will be all items as stated within the codified applications and submittal requirements adopted by the Los Banos City Council. (§§ 6.03 and 6.04, Ord. 341, as amended by § 31, Ord. 1102, eff. February 4, 2012)

• (a) The tentative map shall be considered complete for the consideration of the Commission when all codified applications and submittal requirements adopted by the Los Banos City Council have been included and reviewed for completeness. If the tract is a portion of a larger area which may be subdivided later, the tentative map shall roughly indicate the ultimate plan for the whole.

• (b) The required materials and copies shall be presented to the secretary of the Commission at least 15 days prior to the Project Review Board meeting at which the map will be formally filed, together with a fee, set by the Council, paid to the City Clerk to cover the costs of checking. The secretary of the Commission shall distribute the copies of such map to the committee members and serving utilities.

(§ 6.04, Ord. 341, as amended by § 1, Ord. 621, eff. August 4, 1978, and § 32, Ord. 1102, eff. February 4, 2012)

All tentative maps shall be reviewed by the Project Review Board prior to filing any tentative map with the Commission. The Project Review Board shall meet within 30 days after the submission of the tentative map.

• (a) Determinations. The Project Review Board shall determine the following:

  • (1) The completeness and accuracy of the tentative map and ancillary reports and the suitability of the land for subdivision purposes;

  • (2) The overall design of the subdivision and its conformity with all pertinent requirements of this chapter and other laws and plans of the City;

  • (3) The provisions for and suitability of street improvements, underground utilities, fire hydrants, ornamental electroliers, storm drains, streets, trees, and sidewalks, including the adequacy of the water supply, sewage disposal, and easements for utilities and drainage; and

  • (4) The provisions for public areas, including parks, schools, public utility facilities, and the like.

• (b) Compliance with other requirements. The Project Review Board shall review the tentative map for compliance with the provisions of this chapter and State laws. If any portion of the subdivision is in conflict with any of such requirements, the Project Review Board shall inform the subdivider of such conflicts.

• (c) Recommendations. The Project Review Board may deem it advisable to recommend additional improvements, easements, dedications, and the like to be included, and the subdivider shall be duly informed of the nature of the recommendations at the time of such Board meeting.

• (d) Corrections. If, after analysis, it is found that the subdivision map requires a significant amount of correction before the Project Review Board deems the map acceptable to bring it before the Commission, the Board may require the subdivider to make the changes and reappear before the Board for further study.

• (e) Appeals. If the subdivider feels the Project Review Board has imposed requirements not acceptable to the subdivider, he or she may request approval by the Commission. In such event, the subdivider shall make known his or her intentions to the Commission, whereupon the subdivision shall be placed on the Commission agenda.

• (f) Reports. The Project Review Board shall make a report on its determinations to the applicant. Such report shall include a compilation of the reports of department heads.

• (g) Notices. A notification to all property owners within a three hundred (300′) foot radius for all lot line adjustments, parcel mergers, tentative minor subdivision maps, and tentative subdivision maps shall be made.

(§ 6.05, Ord. 341, as amended by § 1, Ord. 743, eff. May 16, 1986, and § 33, Ord. 1102, eff. February 4, 2012)

• (a) The Commission shall act on any tentative map within the time limits specified within the Subdivision Map Act. In accordance with the Subdivision Map Act, failure to act within the time limits prescribed or an agreed upon extension shall be deemed approval of the tentative map.

• (b) The Commission shall determine whether the tentative map is in conformity with the provisions of law and of this chapter and, upon that basis, shall approve, conditionally approve, or disapprove such map. The Commission shall report such action directly to the subdivider and shall transmit to the Council a copy of the tentative map and a copy of the resolution setting forth the action of the Commission thereon.

• (c) The Commission may disapprove a tentative map because of flood and inundation hazards or slide areas and recommend protective improvements to be constructed as a condition precedent to the approval of the map.

(§ 6.06, Ord. 341, as amended by § 34, Ord. 1102, eff. February 4, 2012)

• (a) If the subdivider or other affected property owner is dissatisfied with any action of the Commission with respect to the tentative map or the nature and extent of improvements recommended, he or she may, within 15 days after such action, appeal to the Council for a public hearing thereon. The Council shall hear the appeal, upon notice to the subdivider and the Commission, unless the subdivider consents to a continuance at its next succeeding regular meeting. At the hearing the Council shall hear such testimony as the subdivider or Commission, or their respective witnesses or other competent persons, may present.

• (b) Upon the conclusion of the hearing, the Council shall, within 30 days, declare its findings based upon the testimony produced before it. The Council may sustain, modify, reject, or overrule any recommendations or rulings of the Commission and may make such findings as are not inconsistent with the provisions of this chapter.

• (§ 6.07, Ord. 341)

After the approval by the Commission of the tentative map of any subdivision, the subdivider shall furnish the following information to the City Engineer, and shall receive authorization of the City Engineer, before submission of the final map to the secretary of the Commission:

• (a) A grading plan consisting of typical cross-sections and finished grades of all lots, roads, streets, and highways in the proposed new subdivision;

• (b) Plan profile drawings of all streets and sewer and drainage improvements. Utilities may be shown in plan only. All tracings or duplicate tracings shall be filed with the City Engineer, and all work shall be submitted to and signed by the City Engineer. The scale shall be one inch equals forty (40′) feet for the plans and one inch equals four (4′) feet vertical scale for the profiles, unless otherwise approved by the City Engineer;

• (c) The estimated costs of the improvements to be dedicated to the City or other public agency, which estimate shall include a 10% contingency; and

• (d) Any other pertinent information required by the conditional approval of the Commission, Council, and City Engineer, including a soil report on filled areas or areas proposed to be filled.

• (§ 6.08, Ord. 341, as amended by § 5, Ord. 732, eff. May 3, 1985)

Minor changes in the tentative map may be approved by the Planning Department prior to the submittal of a final map for recordation, upon application by the subdivider, provided:

• (a) Such changes are consistent with the intent and spirit with the original tentative map approval;

• (b) Such changes are in substantial compliance with the original tentative map approval;

• (c) There are no resulting violations of the Los Banos Municipal Code or the Subdivision Map Act.

These amendments shall be indicated on the approved map and certified by the Planning Department.

Amendments of the tentative map other than minor shall be presented to the Planning Commission. The Planning Commission may approve of the amendment only if it finds it to be in substantial compliance with the original map and not require additional review subject to compliance with the California Environmental Quality Act (CEQA).

Any significant change to the map shall require the submittal of a new tentative map with similar public hearing notifications as processed for an original tentative map and shall be subject to additional review for compliance with the California Environmental Quality Act (CEQA) prior to sale of any lots. Processing shall be in accordance with Sections 9-2.801 , 9-2.802 , 9-2.803 , 9-2.804 , 92.805 , and 9-2.806 .

Any approved amendment shall not alter the expiration date of the tentative map. (§ 1, Ord. 904, eff. September 20, 1996)