Martinez Municipal Code Ch. 21.42 Tentative Map

The subdivider shall file with the City the necessary copies as required by the Planning and Building Director.

(Prior code § 4533(a); Ord. 1103 C.S. § I, 1987)

At the time of filing the tentative map, the subdivider shall pay a filing fee set by resolution of the City Council. If a revision of the tentative map or a tentative map including additional land is filed, the subdivider may be required to pay an additional filing fee set by resolution of the Council.

(Prior code § 4533(b))

A. The tentative map shall be filed with the City Planning and Building Director prior to the completion of final surveys of streets and lots and before grading or construction work is begun within the proposed subdivision.

B. The time of filing a tentative map shall be construed to be the time when the map is accepted by the City Planning and Building Director and as specified in the California Subdivision Map Act.

(Prior code § 4533(c); Ord. 1103 C.S. § I, 1987)

The tentative map shall be clearly and legibly drawn to an appropriate engineering scale and shall be prepared by a registered civil engineer or land surveyor.

(Prior code § 4534; Ord. 1103 C.S. § I, 1987)

A tentative map shall contain the following information:

A. The tract name;

B. Name and address of the record owner of the property to be subdivided, and name and address of the subdivider if the owner is not the subdivider;

C. Name and address of the person who prepared the map;

D. Date of preparation;

E. North point;

F. Scale;

G. A key map showing the proposed subdivision and surrounding subdivisions and streets located within ¼ mile radius of the boundaries of the proposed subdivision;

H. Boundary lines;

I. Locations and widths of all streets within the proposed subdivision;

J. Names, locations and widths of streets and private roads adjacent to the proposed subdivision;

K. Locations and widths of alleys;

L. Approximate grades of all streets. Profiles may be required where the topography may present a problem;

M. Approximate radii of street curves;

N. Locations and widths of pedestrian ways within the proposed subdivision;

O. Typical cross section of streets, alleys and pedestrian ways;

P. Lot lines and approximate dimensions;

Q. Lot numbers;

R. Locations and approximate dimensions of proposed community facilities sites;

S. Limitations on rights of access to and from streets, lots and other parcels of land, and locations and widths of nonaccess strips and reserve strips;

T. Location of existing utilities together with widths and locations of all existing and proposed public and private easements;

U. Locations and widths of watercourses and areas subject to inundation from floods;

V. Locations of structures, canals, pipelines, railroads and other physical features;

W. Locations of boundary lines of the City, school district, sanitary districts and any other taxing districts;

X. Contours shall be shown drawn to intervals prescribed by the City Planning and Building Director, and meeting requirements for slope-density calculations. Contours shall be extended into adjoining properties a sufficient distance to show relationships to adjoining properties and feasibility of proposed street extensions.

Y. Other information as may be required by the Planning and Building Director.

(Prior code § 4535; Ord. 1103 C.S. § I, 1987)

The tentative map shall show thereon or be accompanied by the following statements:

A. Legal description of the property;

B. Existing use or uses of the property including the location of all existing structures to remain on the property;

C. Purposes of all existing and proposed easements and all building and use restrictions pertaining to such easements;

D. Proposed uses of the property, including a statement of the relative proportions of the total area of the subdivision proposed to be devoted to each use;

E. Source of water supply;

F. Method of sewage disposal;

G. Provisions for drainage and flood control;

H. Types of street improvements and utilities which the subdivider proposes to install;

I. Description of street tree planting plan and other landscaping plans;

J. Statement of other improvements to be made or installed;

K. Statement of the time when improvements are proposed to be made or installed;

L. Tract or deed restrictions, if any;

M. Description and location of public and private community facilities, including parks, playgrounds, schools, shopping centers and other facilities, which would serve the proposed subdivision;

N. Description of the proposed subdivision, including the number of lots, average and minimum sizes of lots, type of development and any other information which would be useful to the City Planning Commission in reviewing the tentative map;

O. A preliminary soils report and geotechnical investigation. In areas of unstable soils the Planning & Building Director may require that this report be reviewed at the applicant's expense by the City's soils and geotechnical consultant prior to accepting the subdivision application as complete. Otherwise, this review shall be required prior to submission of improvement plans for the subdivision.

(Prior code § 4536; Ord. 1103 C.S. § I, 1987)

The City Planning and Building Director shall set a date for consideration of the tentative map, which date shall be within regulations of the Subdivision Map Act.

(Prior code § 4537(a); Ord. 1103, C.S. § I, 1987)

A. Minor Subdivision. The Zoning Administrator may approve, conditionally approve, or disapprove the Tentative Map involving a Minor Subdivision of four lots or less within the time period set forth in the Subdivision Map Act.[1]

[1]

Editor's Note: See Government Code Section 66410 et seq.

B. Major Subdivision. The Planning Commission may approve, conditionally approve, or disapprove the Tentative Map involving a Major Subdivision of more than four lots within the time period set forth in the Subdivision Map Act.

C. Findings. The respective review authority shall not approve any Tentative Map unless the following findings are made:

1. The Tentative Map conforms with the Subdivision Map Act;

2. The Tentative Map, resulting lots, and proposed design conform to this Title, the Zoning Ordinance, the General Plan, and any applicable Specific Plan.

(Prior code 4537(b); Ord. 1103 C.S. § 1, 1987; Ord. No. 1488, 6/24/2026)

Within 10 days following the date of the respective review authority's action, the subdivider, or any interested party may appeal the Zoning Administrator's determination to the Planning Commission or the Planning Commission's determination to the City Council for review of the action. An appeal shall be made on a form prescribed by the Planning Division and shall be filed with the City Clerk. The appeal shall state specifically wherein the project approval or denial is not supported by the evidence in the record or is inconsistent with applicable law. The designated review authority for the appeal shall review the decision within 45 days of filing of the appeal and may affirm, modify, or reverse the findings.

(Prior code § 4537(c); Ord. 1009 C.S. § 1, 1984; Ord. 1103 C.S. § I, 1987; Ord. No. 1488, 6/24/2026)

Any member of the Council shall have the authority to request the Council to review any decision of the Board of Adjustments (Board of Appeals or the Planning Commission) by either making such request orally at the first Council meeting following the Commission meeting at which such decision was made, or by filing a written request with the City Clerk provided that such oral or written request is made prior to the expiration of the time during which an appeal can be made. When such review is requested by any member of the Council, the decision shall be considered as appealed.

(Ord. 987 C.S., 1983; Ord. 1103 C.S. § I, 1987)

A. Except as provided below, a tentative map shall expire 24 months after its approval or conditional approval. The City Planning Commission may, in its discretion, extend the time at which the tentative map expires for a period or periods not exceeding a total of 36 months. Applications for extensions must be filed no later than 45 days prior to the expiration of the tentative map. Upon such application, the tentative map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. Failure to record a final map prior to the expiration of the tentative map (including any extensions thereof) shall terminate all proceedings. Before a final map may thereafter be recorded or any lots sold, a new tentative map shall be filed in accord with the provisions of this Title.

B. The period of time specified in subsection A herein (including any extensions thereof) shall be suspended for the duration of any applicable development moratorium (as defined in Government Code § 66452.5, subdivision (f)) imposed after approval or conditional approval of the tentative map, and shall continue upon termination of the moratorium for the same period of time as was left to run on the tentative map at the time that the moratorium was imposed; provided, however, that if the remaining time is less than 120 days, the tentative map shall be valid for 120 days following termination of the moratorium.

C. A tentative map with respect to property subject to a development agreement (as defined in Government Code § 65864 (et seq.) may be extended and shall expire only as provided in the agreement.

D. Notwithstanding anything in subsection A herein to the contrary, the City Planning Commission shall not extend the time for expiration of the tentative map if it makes any of the following findings:

1. Due to changes to the general plan any applicable specific plan, or the Municipal Code, the tentative map is no longer in conformance with the General Plan, any applicable specific plan, or the Municipal Code; and/or

2. Due to changed circumstances, the design of the subdivision or the proposed improvements would cause substantial environmental damage; the site is no longer physically suitable for the proposed development; and/or an extension would be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

3. That any condition of the tentative map approval has not been complied with at the time the application for map extension has been submitted or at the time that the decision to grant or deny the application to extend the map is made, if said condition was required to be satisfied by said date(s.)

Notwithstanding the foregoing, the City Planning Commission may approve an extension in which it finds that due to changed circumstances, the design of the subdivision or the proposed improvements would cause substantial environmental damage if an environmental impact report was prepared for the tentative map or a subsequent EIR is required under CEQA Guidelines § 15162 is prepared for the map extension application which analyzes the changed circumstances and a finding was/is made that the impacts can be mitigated through the imposition of conditions or specific economic, social or other considerations make infeasible the project alternatives or applicable mitigation measures identified in the environmental impact report.

Notwithstanding the foregoing, the City Planning Commission may approve an extension for which the findings in subdivision D(l) and (2) could otherwise be made as long as the subdivider agrees with the imposition of conditions on the extension of the tentative map which, because of the effect of such conditions, preclude the making of all of said findings; provided, however, that no such conditions need to be imposed to address the findings in subdivision D(2) if the immediately preceding paragraph applies.

E. The subdivider or any interested person adversely affected may appeal any action of the Planning Commission on the extension application to the City Council in accordance with § 21.42.100, except that any such appeal shall be filed within fifteen (15) days after the action by the Planning Commission.

(Prior code § 4538; Ord. 966 C.S., 1982; Ord. 1191 C.S. § 1, 1992; Ord. 1194 C.S. § 1, 1992)