Morgan Hill Municipal Code Art. II Tentative Subdivision Maps

The form and contents, submittal and approval of tentative subdivision maps shall be governed by the provisions of this article.

(Ord. 635 N.S. § A (part), 1983)

A. The tentative map shall be prepared in a manner acceptable to the community development department and shall be prepared by a registered civil engineer.

B. The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:

1. A title which shall contain the subdivision number, subdivision name and type of subdivision;

2. Name and address of legal owner, subdivider and person preparing the map (including registration number);

3. Sufficient legal description to define the boundary of the proposed subdivision;

4. Date, north arrow, scale and contour interval;

5. Existing and proposed land use;

6. A vicinity map showing roads, adjoining subdivisions, creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community;

7. Existing topography of the proposed site and at least one hundred feet beyond its boundary, including but not limited to:

a. Existing contours at two-foot intervals if the existing ground slope is less than ten percent and at not less than five-foot intervals for existing ground slopes equal to or greater than ten percent. Contour intervals shall not be spread more than one hundred fifty feet apart. Existing contours shall be represented by dashed lines or by screened lines,

b. Type, diameter at breast height, and canopy of any protected trees, significant trees, street trees, public trees, or a community of trees as defined by Chapter 12.32 (Protected and Significant Trees) on public and private property. Any trees proposed to be removed shall be so indicated and shall obtain a permit as required by Chapter 12.32 (Protected and Significant Trees),

c. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked,

d. The approximate location of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of each watercourse,

e. The location, pavement and right-of-way width, grade and name of existing streets or highways,

f. The widths, location and identity of all existing easements,

g. The location and size of existing sanitary sewers, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets,

h. The approximate location of the sixty, sixty-five and seventy CNEL (community noise equivalent level) contours, if any;

8. Proposed improvements to be shown shall include but not be limited to:

a. The location, grade, centerline radius and arc length of curves, pavement and right-of-way width and name of all streets. Typical sections of all streets shall be shown,

b. The location and radius of all curb returns and cul-de-sacs,

c. The location, width and purpose of all easements,

d. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,

e. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading on each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale and the number of each lot,

f. Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than ten percent and not at less than five-foot intervals for existing ground slopes greater than or equal to ten percent. A separate grading plan may be submitted,

g. Proposed recreation sites, trails and parks for private or public use,

h. Proposed common areas and areas to be dedicated to public open space,

i. The location and size of sanitary sewers, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated;

9. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map;

10. The source and date of existing contours;

11. All lettering size shall be one-eighth-inch minimum;

12. Certificates for execution by the secretary of the planning commission indicating the approval of the tentative map and the date thereof by the planning commission, and a certificate by the city clerk indicating the approval by the city council if the map was reviewed by the city council;

13. If the subdivider plans to develop the site as shown on the tentative map in units, then he shall show the proposed units and their proposed sequence of construction on the tentative map;

14. The community development department may waive any of the requirements set out in this section whenever it finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The community development department may require other such drawings, data or other information as deemed necessary.

(Ord. 635 N.S. § A (part), 1983; Ord. No. 2363, § 2, 3-5-2025)

A. The tentative map shall be accompanied by the following data or reports:

1. Soils Report. A preliminary soils report in accordance with the city's grading ordinance shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision;

2. Title Report. A preliminary title report, showing the legal owners at the time of filing the tentative map;

3. Geologic/Geotechnical Report. Unless the requirement is waived by the community development department, an applicant for a tentative map or a tentative parcel map shall furnish the report or reports required by Chapter 18.70 (Geological Hazards) of this code prior to such application being deemed complete for processing.

4. School Site. The subdivider shall obtain from the Morgan Hill Unified School District their intention, in writing, concerning the necessity for a school site, if any, within the subdivision and shall present this information to the community development department prior to the consideration of the tentative map by the planning commission;

5. Environmental Impact Study. The various time limits set forth in this article for taking action on tentative maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents;

6. Utility Certification. Certification in writing from all utilities that the proposed subdivision can be adequately served. The city engineer may defer the required certification until after the filing of the tentative map;

7. Other Reports. Any other data or reports deemed necessary by the community development department.

B. Subsections (A)(1), (A)(3), (A)(4) and (A)(6) of this section shall not apply to condominium conversions.

(Ord. 1176 §§ 4, 5, 1994; Ord. 635 N.S. § A (part), 1983)

(Ord. No. 2327 N.S., § 5, 12-15-2021)

The tentative map shall be considered for filing only when such map conforms to Section 17.20.040 of this chapter and when all accompanying data or reports, as required by Section 17.20.050 of this chapter have been submitted and accepted by the community development department.

(Ord. 635 N.S. § A (part), 1983)

A. The community development department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the community development department their findings and recommendations thereon.

B. Within ten days of the filing of the tentative map, the community development department shall send a notice of the filing of the tentative map to the governing board of the Morgan Hill Unified School District. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the agency required by law to approve such tentative map. The report shall indicate the impact of the proposed subdivision on the school district and shall make such recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a twenty-day period from receipt of notice of the tentative map, such failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving or conditionally approving the tentative map. This section shall not apply to subdivision of four lots (units) or less.

C. Upon completion of review by the community development department and prior to the date the tentative map is scheduled for planning commission action, the community development department may hold a subdivision conference on its own initiative. A subdivision conference shall be held if requested by the subdivider. Advance written notice of the subdivision conference shall be given to the subdivider or his agent and to all affected agencies. The results of the subdivision conference shall be reported to the planning commission. A copy of the report shall be served to the subdivider at least three days prior to any hearing or action on such map by the planning commission.

D. Any requests for exceptions to the various conditions to be considered by the planning commission shall be filed, in writing, with the community development director not later than the first working day following the subdivision conference.

(Ord. 635 N.S. § A (part), 1983)

A. Upon receipt of a valid application, completion of the subdivision conference, and having received from the community development department their report and recommendations for the proposed tentative subdivision map, the community development director shall set the matter for public hearing. At least ten calendar days before the public hearings, the director shall cause notice to be given of the time, date and place of such hearing including a general explanation of the matter to be considered and a general description of the area affected, and the street address, if any, of the property involved.

B. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city.

C. In addition to notice by publication, the city shall give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed change.

D. In addition, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given as required by Government Code Section 66451.3

E. In the event that the proposed change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the city shall also give mailed notice to the owner of the property as shown on the last equalized assessment roll.

F. In addition, notice shall be given by first-class mail to any person who has filed a written request with the community development director. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. The city may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

G. Substantial compliance with these provisions therewith to notice shall be sufficient and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this section.

H. The planning commission shall approve, conditionally approve or deny the tentative map and shall report its decision to the city council and the subdivider within fifty days after the tentative map has been accepted for filing or within fifty days after certification of the environmental report if an EIR has been prepared, adoption of a negative declaration, or a determination by the city that the project is exempt from the requirements of the California Environmental Quality Act, as amended.

(Ord. 635 N.S. § A (part), 1983)

A. In approving or conditionally approving the tentative subdivision map, the planning commission shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

B. The planning commission may modify or delete any of the conditions of approval recommended in the community development department's report, except conditions required by city ordinance or by the city engineer, related to public health and safety or standards approved by the city engineer, or add additional requirements as a condition of its approval.

C. If no action is taken by the planning commission within the time limit as specified, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the State Subdivision Map Act, this title and other city ordinances, and it shall be the duty of the city clerk to certify the approval. Tentative maps deemed approved under this section shall only be so deemed once (1) the city has completed notification pursuant to Section 17.20.080; and (2) the planning commission has made the necessary findings as provided by the Subdivision Map Act subject to standard conditions ordinarily applied to tentative maps, a copy of which standard conditions is on file with the community development department. Such conditions of a map deemed approved under this section shall be in effect from the date that the map is deemed approved, whether or not the planning commission has specifically applied the conditions to the map. In taking such actions the city shall act in an expeditious manner and shall not unreasonably withhold or delay its action to complete approval of the tentative maps.

(Ord. 1143 N.S. § 15, 1993; Ord. 635 N.S. § A (part), 1983)

A. Except as provided in subsection B, the city will not require, as a condition of a tentative, parcel or final map application or approval, that the subdivider or an agent of the subdivider defend, indemnify or hold harmless the city or its agents, officers and employees from any claim, action or proceeding against the city as a result of the action or inaction of the city council, planning commission or other city agency in reviewing, approving or denying the map.

B. The city may require, as a condition for a tentative, parcel or final map application or approval, that the subdivider defend, indemnify and hold harmless the city council or its agents, officers and employees from any claim, action or proceeding against the city council or its agents, officers or employees to attack, set aside, void or annul an approval by the city concerning the subdivision which action is brought within the time period provided for in Section 66499.37 of the Subdivision Map Act. Provided, however, that any condition imposed pursuant to this section shall include the requirement that the city promptly notify the subdivider of any claim, action or proceeding and that the city cooperate fully in the defense and, if the city fails to do so, the subdivider shall not thereafter be responsible to defend, indemnify, or hold the city harmless.

C. The city may participate in the defense of any claim, action or proceeding, in which case the city will pay its own attorney's fees and costs and defend the action in good faith.

D. The subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the subdivider.

(Ord. 1143 N.S. § 16, 1993)

A. The tentative subdivision map may be denied by the planning commission on any of the grounds provided by city ordinances or the State Subdivision Map Act.

B. The planning commission shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map is not consistent with applicable general and specific plans;

2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3. That the site is not physically suitable for the type of development;

4. That the site is not physically suitable for the proposed density of development;

5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;

7. That 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. In this connection, the governing body may approve a map if it finds 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. This subsection shall apply only to easements of records or to easements established by judgment of a court of competent jurisdiction and no authority is granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(Ord. 635 N.S. § A (part), 1983)

The time limits set forth in Section 17.20.110 of this chapter for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission or the city council.

(Ord. 635 N.S. § A (part), 1983)

If the subdivider disagrees with any action by the planning commission with respect to the tentative subdivision map, he may, within ten days of such decision file an appeal with the city clerk. The council shall consider the appeal within thirty days or at its first regular meeting subsequent to such appeal, unless the subdivider consents to a continuance. This appeal shall be a public hearing after notice has been given pursuant to Section 17.20.080 of this chapter. In addition, notice shall be given to the subdivider and the planning commission and upon conclusion of the public hearing, the council shall within ten days declare its findings. The council may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this title or the State Subdivision Map Act.

(Ord. 1143 N.S. § 17, 1993: Ord. 635 N.S. § A (part), 1983)

Any interested person adversely affected by a decision of the planning commission may file a complaint with the city council concerning such decision. Any such complaint shall be filed with the city clerk within ten days after the action which is the subject of the complaint. No complaint shall be considered after the ten-day period. The city council may, at its discretion, reject the complaint within ten days or set the matter for hearing. If the city council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, a public hearing shall be held within thirty days after filing of the complaint pursuant to the procedures contained in Section 17.20.130 of this chapter with additional notice being given to the affected interested persons.

(Ord. 1143 N.S. § 18, 1993: Ord. 635 N.S. § A (part), 1983)

Any interested person may appeal any decision of the planning commission relative to conformity to the general plan or any specific plan of the city to the city council. Such appeal and hearing thereon shall be in accordance with Section 17.20.130 of this chapter, with additional notice to be given to the appellant.

(Ord. 635 N.S. § A (part), 1983)

Any tenant of the property being subdivided in the course of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project may appeal from any action of the planning commission pursuant to Government Code Section 66452.5.

(Ord. 635 N.S. § A (part), 1983)

A. The approval or conditional approval of a tentative subdivision map shall expire twenty-four months from the date of the adoption of the resolution by the planning commission approving or conditionally approving the map. An extension to the expiration date may be approved as provided in subsection B of 17.20.180 of this chapter. The period of time specified in subsection A of Section 17.20.180 of this chapter, shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of the moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium.

B. The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the city council. Within ten days of the service of the initial petition or complaint upon the city, the subdivider shall, in writing, to the community development director, request a stay in the time period of the tentative map. Within forty days after receiving such request, the city council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the city council shall, within ten days, declare its findings.

C. Expiration of an approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

(Ord. 635 N.S. § A (part), 1983)

A. Request by Subdivider. The subdivider or his engineer may request an extension of the expiration date of the approved or conditionally approved tentative subdivision map by written application to the community development department. The application shall be filed before the map is to expire and shall state the reasons for requesting the extension.

B. Planning Commission Action. The community development director shall review the request and submit the application for the extension, together with a report, to the planning commission for approval, conditional approval or denial. A copy of the report shall be forwarded to the subdivider prior to the planning commission meeting on the extension. The resolution adopted by the planning commission approving or conditionally approving an extension shall specify the new expiration date of the tentative subdivision map.

C. Time Limit of Extension. In no case shall the time at which the approved or conditionally approved tentative map expires be extended more than three years beyond the date at which the original approval or conditional approval by planning commission or city council under this chapter expires, except as provided in Section 66452.6 of the Subdivision Map Act or other provision of state law. By signed development agreement pursuant to Government Code Section 65864 through Section 65869.5, the city may require the subdivider to limit time for extensions, as provided in such development agreement.

D. Conditions of Approval. As a condition of the extension of a tentative subdivision map, the planning commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the community development department in its report or as it may find necessary.

E. Appeal of Conditions of Extension. The subdivider may appeal any action of the planning commission on the extension to the city council within fifteen days of such action in conformance to Section 17.20.130 of this chapter.

F. Fee. The fee for processing an extension shall be provided by the city's resolution.

G. If a subdivider is required to expend one hundred twenty-five thousand dollars or more to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property, each filing of the final map authorized by Section 66456.1 of the Subdivision Map Act shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from its expiration, provided in this section, or the date of the previously filed final map, whichever is later. The extension shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 and following may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the planning commission at the time of approval or conditional approval of the tentative map.

The amount of one hundred twenty-five thousand dollars shall be increased by the registrar of contractors according to the adjustment for inflation set forth in the statewide cost index for Class "B" construction as determined by the State Allocation Board at its January meeting. "Public improvements" as used in this section, include traffic controls, streets, roads, highways, bridges, overcrossing, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities and lighting facilities.

(Ord. 1143 N.S. §§ 19, 20, 1993; Ord. 635 N.S. § A (part), 1983)

A. Minor changes in the tentative map may be approved by the community development department upon application by the subdivider or on its own initiative, provided:

1. No lots, units or building sites are added;

2. Such changes are consistent with the intent and spirit of the original tentative map approval;

3. There are no resulting violations of this code or conformance to Section 17.20.130 of this chapter.

B. Any revision shall be approved by the community development director and the city engineer. The amendment shall be indicated on the approved map and certified by the community development director and the city engineer.

C. Amendments of the tentative map other than minor shall be presented to the planning commission for approval. Processing shall be in accordance with Sections 17.20.070 and 17.20.080 of this chapter.

D. Any approved amendment shall not alter the expiration date of the tentative map.

(Ord. 635 N.S. § A (part), 1983)