Article 4 — Tentative Subdivision Maps: Five or More Parcels

The form and contents, submittal, and approval of tentative maps for five (5) or more parcels shall be governed by the provisions of this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The tentative map shall be prepared in a manner acceptable to the Department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:

(a)

A title which shall contain the subdivision name and type of subdivision;

(b)

The name and address of the legal owner, subdivider, and person preparing the map, including his registration or license number;

(c)

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

(d)

The names and numbers of adjacent subdivisions and the names of the owners of adjacent unplatted land;

(e)

The date, north arrow, scale, contour interval, and source and date of existing contours;

(f)

A statement of the present zoning and of the existing and proposed uses of the property, as well as any proposed zoning changes, whether immediate or future;

(g)

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

(h)

The existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited to:

(1)

Existing contours at two (2′) foot intervals if the existing ground slope is less than ten (10%) percent and at not less than five (5′) foot intervals for existing ground slopes equal to or greater than ten (10%) percent. Contour intervals shall not be spread more than 150 feet apart. Existing contours shall be represented by dashed lines or by screened lines;

(2)

The type, circumference, and drip line of existing trees with a trunk diameter of four (4″) inches or more. Trees proposed to be removed shall be so indicated;

(3)

The location and outline of the existing structures identified by type. Structures to be removed shall be so marked;

(4)

The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;

(5)

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

(6)

The width, location, and identity of all existing easements; and

(7)

The location and size of the existing sanitary sewers, fire hydrants, 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 shall be indicated;

(i)

The proposed improvements to be shown shall include, but not be limited to:

(1)

The location, grade, center line radius, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown;

(2)

The location and radius of all curb returns and cul-de-sacs;

(3)

The location, width, and purpose of all easements;

(4)

The angle of intersecting streets if such angle deviates from a right angle by more than four (4) degrees;

(5)

The approximate lot layout and the approximate dimensions of each lot and each building site. Engineering data shall show the approximate finished grading of 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;

(6)

The proposed contours at two (2′) foot intervals shall be shown if the existing ground slope is less than ten (10%) percent and not at less than five (5′) foot intervals for existing ground slopes of ten (10%) percent or

more. A separate grading plan may be submitted;

(7)

The proposed recreation sites, trails, and parks for private or public use;

(8)

The proposed common areas and areas to be dedicated to public open space;

(9)

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

(10)

A statement as to the intention of the subdivider in regard to slope planting and erosion control;

(j)

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

(k)

All lettering size shall be one-eighth (⅛″) inch minimum;

(l)

If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown; and

(m)

The Department may waive any of the tentative map requirements set forth in this section if the type of subdivision does not need to comply with such requirements or if other circumstances justify a waiver. The Department may require other drawings, data, or information as deemed necessary to accomplish the purposes of this chapter and the Subdivision Map Act.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The tentative map shall be accompanied by the following data and reports:

(a)

Street names. A list of potential street names for any unnamed street or alley for review by the Department;

(b)

Soils reports. A preliminary soils report prepared in accordance with the grading laws of the City and Section 10-1.404 of this article shall be submitted. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision;

(c)

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

(d)

Environmental reviews. Information shall be submitted as required by the Planning Administrator to allow a determination on environmental review to be made in accordance with CEQA; and

(e)

Other reports. Any other data or reports deemed necessary by the Department.

Subsections (a) and (d) of this section shall not apply to condominimum conversions.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Three (3) copies of a preliminary engineering soils report and engineering geology report, prepared by a civil engineer or engineering geologist registered in the State and based upon adequate borings, shall be submitted to the City Engineer for every subdivision.

(b)

A preliminary soils and/or geology report may be waived by the City Engineer provided the City Engineer finds that, due to the knowledge the City has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution, and strength of the existing soils, the necessary grading procedures and design criteria for corrective measures, the geology of the site, and the effect of geologic conditions on the proposed development.

(c)

If the City has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the City Engineer. Such soils and/or geologic investigation shall be done by a civil engineer and/or geologist registered in the State who shall recommend regarding the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The City may approve the subdivision, or portion thereof, where soils or geologic problems exist if the City determines that the recommended actions provide for procedures and design criteria for corrective measures as necessary covering the structures and adequacy of the sites to be developed by the proposed grading. A condition of

the issuance of any building permit may require that the approved recommended action be incorporated in the grading plans and/or specifications and, if necessary, the plans and specifications for the construction of each structure.

(d)

Where preliminary soils and/or geology reports are prepared, a final report shall be submitted prior to the acceptance of the improvements or the release of occupancy permits indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall have sufficient field data submitted to indicate full compliance with the preliminary or subsequent progress report recommendations as they were applied to specific areas or improvements.

(e)

Geotechnical reports shall also comply with applicable City administrative policies and standards.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Each street which is to be dedicated which is a continuation of, or approximately the continuation of, any existing dedicated street shall be shown on the tentative map and shall be given the same name as such existing street. The proposed name of each other street shown on the tentative map shall be submitted to the City for approval. If such name is not a duplication of, or so nearly the same as to cause confusion with, the name of any existing street located in the City, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by the City. Where any such street forms a portion of any proposed street ordered by the Council to be surveyed, opened, widened, or improved, and such street is shown on the final map, the name of such street shall be the same as the name contained in the order of the Council. The words "Avenue", "Boulevard", "Place", "Way", "Court", or other designation of any street shall be spelled out in full on the map, and such terms shall be approved by the City. All streets ending in a cul-de-sac shall be designated as courts.

(§ 7, Ord. 456-85, eff. December 25, 1985)

The tentative map shall be accepted for filing only when the map conforms to Section 10-1.402 of this article and when all accompanying data or reports, as required by Section 10-1.403 of this article, have been submitted and accepted by the Department. The subdivider shall file with the Department the number of tentative maps the Director of Community Development and Services may deem necessary. The Department shall forward copies of the tentative map to the affected public agencies which, in turn, may forward to the Department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Notices of public hearings. Upon the receipt of an application which is accepted as complete by the City, the Department shall prepare a report with recommendations. The Planning Administrator shall set the matter for a public hearing. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved. The notice shall be published at least once in a newspaper of general circulation published and circulated in the City.

In addition to notice by publication, the Department 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 300 feet of the property which is the subject of the proposed application. A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Section 66451.3 of the Subdivision Map Act.

In the event the proposed application has been requested by a person other than the property owner 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. In addition, notice shall be given by first-class mail to any person who has filed a written request with the City. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year.

Substantial compliance with the provisions of this subsection for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures set forth in this article.

(b)

Action. The Planning Commission shall approve, conditionally approve, or deny the tentative map.

(c)

Approval. The tentative map may be approved or conditionally approved by the Planning Commission if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any Specific Plan, the Local Coastal Program, and the zoning provisions.

The Planning Commission may modify or delete any of the conditions of approval recommended in the Department's report, except conditions required by City laws or by the City Engineer related to the public health and safety or by the City approved policies and standards. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limits specified in the Subdivision Map Act, the tentative map, as filed, shall be deemed to be approved if it complies with other applicable provisions of the Subdivision Map Act, this chapter, and other City laws.

(d)

Denial. The tentative map may be denied by the Planning Commission on any of the grounds provided by City laws or the Subdivision Map Act and any of the following findings:

(1)

That the proposed map is not consistent with applicable General or Specific plans, the Local Coastal Program, or the zoning provisions;

(2)

That the design or improvement of the proposed subdivision is not consistent with applicable General or Specific Plans, the Local Coastal Land Use Plan, or the zoning provisions;

(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; or

(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 the use of property within the proposed subdivision. In this connection, the Planning Commission may approve a map if the Planning Commission finds that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection 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 Planning Commission to determine that the public at large has acquired easements for access through or the use of property within the proposed subdivision.

(§ 7, Ord. 456-85, eff. December 25, 1985)

If a tentative map is approved or conditionally approved, any member of the Council shall have the right to call up the tentative map for Council review by a written request to the City Manager within ten (10) days after the final action by the Planning Commission. If the Council decides to review the map and conditions, the Council shall conduct a public hearing after giving notice pursuant to subsection (a) of Section 10-1.407 of this article. In addition, notice shall be given to the subdivider and the Planning Commission. At such hearing the Council may add, modify, or delete conditions when the Council determines that such changes are necessary to ensure that the tentative map conforms to zoning conditions imposed upon the property,

applicable City laws, and the Subdivision Map Act. The Council may deny the tentative map on any of the grounds set forth in subsection (d) of Section 10-1.407 of this article.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Any applicable limits for acting on the tentative map may be extended by the mutual consent of the subdivider and the Planning Commission or the Council. A waiver of the applicable time limits may be required to permit the concurrent processing of related project approvals or the environmental review on the same development project.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Appeals of any Planning Commission action with respect to the tentative subdivision map shall be made within ten (10) days after the decision to the City Clerk. The Council shall consider the appeal within thirty (30) days after the date of filing the appeal. Within seven (7) days following the conclusion of the hearing, the Council shall render its decision. The appeal shall be a public hearing after notice has been given as set forth in Section 10-1.407 of this article. The Council may sustain, modify, reject, or overrule any recommendation or ruling of the Planning Commission and may make any findings which are consistent with the provisions of this chapter or the Subdivision Map Act.

(§ 7, Ord. 456-85, eff. December 25, 1985)

If the Council does not act within the time limits set forth in the Subdivision Map Act, the tentative map shall be deemed to have been approved or conditionally approved as approved by the Planning Commission insofar as the map complies with the Subdivision Map Act, this chapter, and other City laws. The approval or conditional approval of a tentative subdivision map shall expire twenty-four (24) months after its approval by the Planning Commission or Council as provided in the Subdivision Map Act. An extension to the expiration date may be approved as provided in Section 10-1.412 of this article.

The period of time specified in 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 Planning Commission. After the service of the initial petition or complaint upon the City, the subdivider shall request, in writing to the Planning Administrator a stay in the time period of the tentative map. Within forty (40) days after receiving the request, the Planning Commission shall either stay the time period for up to five (5) 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 the conclusion of the hearing, the Planning Commission, within ten (10) days, shall render its decision. The subdivider or any interested person may appeal the action of the Planning Commission on the stay to the Council within ten (10) days after such action in accordance with Section 10-1.410 of this article. The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6 of the Subdivision Map Act.

(§ 7, Ord. 456-85, eff. December 25, 1985)

(a)

Requests by subdividers. The subdivider or the engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by a written application to the Department. The application shall be filed not less than thirty (30) days before the map is to expire and shall state the reasons for requesting the extension.

(b)

Planning Commission action. The Planning Administrator 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 at the next scheduled Planning Commission meeting. A copy of the Planning Administrator's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension.

(c)

Time limits of extensions. The time at which the tentative map expires may be extended for a period not exceeding a total of three (3) years.

(d)

Conditions of approval. As a condition of the extension of a tentative map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Department in its report or as it may find necessary. A public hearing with notice given pursuant to subsection (a) of Section 10-1.407 of this article shall be required for the imposition of new or revised conditions.

(e)

Appeals of extensions. The subdivider or any interested affected person may appeal any action of the Planning Commission on the extension to the Council within ten (10) days after such action in conformance with Section 10-1.410 of this article. If the Council does not act within the time limits set forth in the Subdivision Map Act, the extension shall be deemed to have been approved or conditionally approved as approved by the Planning Commission insofar as the tentative map complies with the Subdivision Map Act, this chapter, and other City laws.

(§ 7, Ord. 456-85, eff. December 25, 1985)

Minor changes in the tentative map may be approved by the Department upon an application by the subdivider or on the Department's own initiative provided:

(a)

No lots, units, building sites, or structures are added; and

(b)

Changes are consistent with the intent and spirit of the original tentative map approval; and

(c)

There are no resulting violations of this Code.

Any revision shall be approved by the Planning Administrator and the City Engineer. The amendment shall be indicated on the approved map and certified by the Planning Administrator and the City Engineer. Amendments to tentative maps which, in the opinion of the City Engineer or Planning Administrator, are not minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this article. Any approved amendment shall not alter the expiration date of the tentative map.

(§ 7, Ord. 456-85, eff. December 25, 1985)