Pismo Beach Municipal Code Ch. 16.26 Tentative Maps

Prior to the submittal of a tentative map, the subdivider is encouraged to consult with the staff of the planning department, and other city departments for technical advice and procedural instructions. Preliminary sketches of the subdivision may be submitted and discussed. The preliminary sketch shall be to a scale and detail sufficient to indicate the essential characteristics of the subdivision, including the number, size and design of lots; the location and width of streets; the location of any important reservations or easements; the relation of the subdivision to all surrounding lands; and any other details necessary to enable a preliminary review. The community development director may schedule a conference with the subdivider and appropriate city departments to discuss the preliminary map and make recommendations concerning the submittal of a tentative map. (Ord. 299 § 1 (part), 1982)

Fifteen copies of the tentative map, a statement of the proposed division of any land, the information required by the community development director pertaining to the environmental impact of the proposed project, and appropriate fees shall be submitted to the planning department. (Ord. 299 § 1 (part), 1982)

Tentative maps shall be a minimum of eighteen by twenty-six inches in size and to a scale of one inch equals one hundred feet for large parcels, and to a minimum scale of one inch equals fifty feet for small areas, unless otherwise approved by the community development director. (Ord. 299 § 1 (part), 1982)

Every tentative map shall be clearly and legibly reproduced and contain the following information:

A. A key or location map on which shall be shown the general area, including adjacent street property, subdivisions and roads;

B. The tract name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed tract;

C. The name and address of the recorded owner or owners;

D. The name and address of the subdivider;

E. The name and business address of the person who prepared the map;

F. The acreage of the proposed tract to the nearest hundredth of an acre;

G. Sufficient elevations or contours or notations indicating the direction and percent of slope to determine the general slope of the land and the high and low point thereof;

H. The locations, names, widths and grades of all roads, streets, highways and ways in the proposed subdivision which are to be offered for dedication;

I. The locations, names and existing widths of all adjoining and contiguous highways, streets and ways;

J. The locations and size of all pipelines and structures used in connection therewith;

K. the location and character of all existing public utilities;

L. The widths, location and purposes of all existing and proposed easements;

M. The lot layout, the dimensions of each lot and the lot numbers;

N. The city limit lines occurring within the general vicinity of the subdivision;

O. The bearings and distances to quarter-section bounds within the general vicinity of the subdivision;

P. The boundaries of any phases within the subdivision if the subdivision is to be recorded in stages;

Q. The names of the owners of the land immediately adjacent to the subdivision;

R. The outline of any existing buildings and designation and disposition of those to remain in place and their locations and height in relation to the existing or proposed

streets and lot lines, along with the location of any existing wells and/or septic systems;

S. The location and condition of all existing trees and designation of those proposed to remain in place standing within the boundaries of the proposed public rights-of-way;

T. The location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses; and

U. Typical sections of the proposed street improvements, including parkway walls and other public improvements. (Ord. 299 § 1 (part), 1982)

A statement shall be presented by the subdivider in written form accompanying the map and shall contain the following information:

A. The improvements and public utilities proposed to be made or installed and the time at which such improvements are proposed to be completed;

B. The proposed plan for grading, including compaction of fill, and drainage;

C. The provisions for sewerage and sewage disposal;

D. The provisions for the proposed water supply;

E. The public areas proposed;

F. The type and location of street lighting proposed;

G. The proposed building setback lines and the width of side yards;

H. The justification and reasons for any exceptions to the provisions of this chapter for any amendments to the zoning laws which may be requested in conjunction with the subdivision proposed;

I. A copy of any restrictive covenants, bylaws, or articles of incorporation proposed shall be attached to the owner's statement as required;

J. The existing use of the property;

K. The proposed use or uses of the property;

L. The proposed landscaping plan;

M. Geologic drainage, historic bluff retreat, and other reports by qualified experts as may be necessary to determine consistency with the general plan/local coastal program land use plan;

N. A statement from the owner of record, if different than the subdivider, consenting to the division of land by subdivision; and

O. A statement giving the name and address of the individual designated to receive all official communications regarding the subdivision.

(Ord. 299 § 1 (part), 1982)

The community development director, or his authorized representative, shall examine the tentative map and environmental documents upon presentation and shall not accept such map or environmental documents for distribution unless the same are in full conformance with this title as to form, date, information and other matters required to be shown thereon or furnished therewith. (Ord. 299 § 1 (part), 1982)

At the time of the acceptance of a tentative map for distribution, the subdivider shall pay a processing fee as established by resolution of the council. (Ord. 299 § 1 (part), 1982)

The community development director shall transmit the requested number of copies of the tentative map, together with accompanying data, to such public agencies, utility companies and city departments as may be concerned. Each of the public agencies, utilities and city departments shall, within twenty days from the date of transmittal of a copy of a tentative map, or within thirty days if a draft environmental impact report is required, forward to the community development director a written report of their findings and recommendations thereon. If a reply is not received within the time allowed by this section, it will be assumed that the map conforms to the requirements of the public agency or utility company concerned. (Ord. 299 § 1 (part), 1982)

The tentative map shall not be deemed filed until the written reports specified in section 16.26.080 have been received by the planning department. The planning department shall indicate upon the file copy of the tentative map and accompanying data the date of the filing. The planning commission shall take action to approve, conditionally approve or disapprove the tentative map within fifty days after the filing thereof, or thirty days after certification of the final E.I.R., where map was received prior to certification of the E.I.R., unless such time is extended by agreement with the subdivider. (Ord. 299 § 1 (part), 1982)

The subdivision review committee shall meet and establish tentative conditions and review the design of the proposed tentative map. (Ord. 299 § 1 (part), 1982)

The community development director shall prepare a written report on the conformity of the tentative map to the provisions of the general plan/local coastal program land use plan, the zoning laws, and all other applicable requirements of this title and other regulations of the city. Any report or recommendations on the tentative map shall be served on the subdivider at least three days prior to any hearing or action on such map by the planning commission or the council. Such required submission in writing shall be deemed complied with when such reports and recommendations are placed in the mail, directed to the subdivider at the address designated in the subdivider's statement, with postage prepaid. (Ord. 299 § 1 (part), 1982)

Notice shall be consistent with the Subdivision Map act. The planning commission shall hold a public hearing on the tentative map and notice thereof shall be given as follows: notice of the time and place of the public hearing and a general description of the location of the subdivision shall be posted in three public places designated by the city council for posting of ordinances, at least one place to be on the site of the proposed subdivision. Tenant notification shall be consistent with the Condominium Conversion Ordinance. The applicant shall also provide the city with stamped envelopes addressed to all property owners within three hundred feet of the proposed subdivision. Any interested person may appear at such hearing and shall be heard. (Ord. 299 § 1 (part), 1982)

If the planning commission finds that the proposed map complies with the requirements of this title, the Subdivision map act, the zoning laws of the city, and the general plan/local coastal program land use plan, it may approve or conditionally approve the map. The planning commission shall deny the approval of a tentative map if it makes any of the following findings:

A. That the proposed map is not consistent with applicable policies and programs of the general plan/local coastal program land use plan and applicable specific plans;

B. That the design and improvements of the proposed subdivision is not consistent with applicable policies and program of the general plan/local coastal program land use plan and applicable specific plans;

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

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

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

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

G. 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 planning commission may approve a map if it finds that alternate easements, for access or f or, use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public.

The provisions of this subsection shall apply only to easements of record or to easements established by a 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;

H. That the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to division 7 (commencing with section 13000) of the water code;

I. That the subdivision fronts on public waterway, river or stream, coastline or shoreline, lake or reservoir, the subdivision does not provide reasonable public access by fee or easement as specified in Government Code, Article 3.5, et seq., or the general plan/local coastal program land use plan. (Ord. 299 § 1 (part), 1982)

Within ten days of the filing of a tentative map as provided in Section 16.26.090, the community development director shall send notices of the filing of the tentative map to the governing board of the unified school district(s) within the boundaries of which the subdivision is proposed to be located. 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(s). The school district shall issue a report indicating the impact of the proposed subdivision on the school district. The report shall be returned to the planning commission within twenty working days of the date in which the notice was mailed to the school district for comment; if a reply is not received within the time allowed by this section, it will be assumed that the map conforms to the requirements of the school district concerned. (Ord. 299 § 1 (part), 1982)

The planning commission shall report its action directly to the subdivider or his designated representative and the owner. (Ord. 299 § 1 (part), 1982)

Immediately following action by the planning commission, prior to expiration of the appeal period, a copy of the planning commission action shall be transmitted to the council for its information. (Ord. 299 § 1 (part), 1982)

Any aggrieved person, including any member of the planning commission or city council, may appeal any determination or requirement of the planning commission in accordance with the provisions of Chapter 16.60 of this title. (Ord. 299 § 1 (part), 1982)

An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. Extensions may be granted not to extend a total of four years from the original approval. The expiration of the approved or conditionally approved tentative map or remaining portions of phased tentative maps shall terminate all proceedings and no final map or parcel map 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. 299 § 1 (part), 1982)