Rialto Municipal Code Ch. 17.16 Tentative Maps

Every person submitting a tentative map shall pay a processing fee in an amount prescribed by resolution of the council.

(Ord. 684 § 7, 1975)

A. Tentative maps shall be filed with the planning division and shall be processed in accordance with the Subdivision Map Act and the provisions of this title. The subdivider shall file twenty copies of the tentative map.

B. Typical requirements for filing such tentative maps are:

1. Tract or parcel map number;

2. Date, north point and scale;

3. Sufficient legal description of land to define boundaries of proposed division of land;

4. A key map indicating the location of the proposed division of land in relation to the surrounding area;

5. The name and address of the record owner, the subdivider and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor;

6. The existing topography of the land proposed to be divided, using contour intervals of not more than five feet and of not more than two feet where the grade of the land is less than five percent. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map shall contain a statement by the person preparing the map stating the source of contours shown on the map;

7. The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property shall also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown shall be identified by house number or other identifying feature, including a notation on each building or structure to be retained;

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

9. The approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way;

10. The location, width, approximate grade and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision;

11. The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision;

12. The approximate radius and arc length of each centerline curve;

13. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary design of all grading, the elevations of proposed building pads, the top and toe of cut and fill slopes to scale, the number of each lot, the proposed areas for public use, and the angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees;

14. The location of all cut and fill slopes or a separate grading plan;

15. Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined;

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

17. A geologic soils report prepared by a civil engineer who is registered by the state, based upon adequate test borings or excavations, unless the community development department determines that, due to the knowledge such department has as to the soil qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. 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 person filing the tentative map shall submit a soils investigation of each lot in the subdivision, prepared by a civil engineer who is registered in this state, which shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The community development department shall approve the soils investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit. Appeal from such determination shall be to the planning commission.

If the community development director finds that a written geologic report is necessary to determine whether the property to be divided is subject to an existing or potential geologic hazard, the person filing the tentative map shall submit such a report to said board. The report shall be prepared by a registered engineering geologist. Such information may be furnished separately from the map itself.

(Ord. 1234 (part), 1995: Ord. 684 § 8 (part), 1975)

(Ord. No. 1645, § 3, 7-14-20)

A. After noting the above requirements of Section 17.16.020, the subdivider should confer with the city staff before preparing the tentative map of any proposed subdivision.

B. The tentative map shall be prepared in accordance with the Subdivision Map Act and the provisions of this title, and copies shall be filed with the city planning commission. Such filing should be prior to the completion of final surveys of streets and lots and before the start of any grading or construction work within the proposed subdivision or division of property.

C. The tentative map shall be accompanied by reports and written statements from the subdivider giving essential information.

D. Upon filing with the city planning commission the required number of copies of the tentative map, one copy thereof shall be immediately forwarded to the county planning commission of San Bernardino, and if a state highway is involved a copy of the map shall be forwarded to the District Director of Transportation, Department of Transportation of the state. The city planning commission shall cause to be certified upon its official file copy of the tentative map a statement as to the above transmittals giving the date in each case.

E. The planning commission reports on the map of any subdivision submitted to it within fifty days after the tentative map has been filed and the report approves, conditionally approves, or disapproves the map of the subdivision. If the commission finds that such map complies with the provisions of the Subdivision Map Act and of this title, the commission approves the tentative map; otherwise, the commission denies such approval or approves such tentative map subject to such amendments, conditions, exceptions, and provisions as shall, in the judgment of the commission, cause the map to comply with the foregoing provisions. The planning commission reports its action directly to the subdivider.

F. As soon as the planning commission has approved the tentative map, a copy shall be sent by the planning commission to the Real Estate Commissioner of the state.

(Ord. 684 § 8 (part), 1975)

The planning commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such a hearing and shall be heard.

(Ord. 684 § 9, 1975)

A. Expiration. Unless otherwise prescribed by the Subdivision Map Act, an approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. However, if the 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 property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration, as provided herein, or the date of the previously filed final map, whichever is later. The extensions 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 Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. "Public improvements," as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B. Application for Extension. The subdivider may request an extension of the tentative map approval or conditional approval by written application submitted to the planning division of the department of development services together with an application filing fee in the amount as determined by resolution or ordinance of the city council. The application for extension shall state the reasons for requesting the extension of time and shall be filed with the planning division prior to the expiration of the approved or conditionally approved tentative map. Upon filing of the completed application for extension with the planning division, the tentative approval of the map shall be automatically extended for sixty days, or until the application is approved, conditionally approved, or disapproved, whichever occurs first.

C. Time Limit for Extensions. The planning commission may approve or conditionally approve an extension of tentative map approval for a period or periods not to exceed a total of thirty-six months. The period of extension specified in this subsection shall be in addition to the period of time provided in subsection A of this section. If the planning commission disapproves the requested extension of time, the applicant may appeal to the city council within fifteen days after the planning commission action to disapprove the extension.

D. Effect of Map Modification on Extension. Modifications of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section.

(Ord. 1234 (part), 1995: Ord. 1156 § 1, 1991: Ord. 867 § 1 (part), 1983: Ord. 684 § 10, 1975)

A. The subdivider may appeal from any action of the planning commission with respect to a tentative map to the city council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and this title.

B. 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. The city council may, in its discretion, reject the complaint within fifteen days or set the matter for public hearing. If the city council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Section 66451.3 and by this title.

C. Any interested person may appeal any decision of the planning commission, relative to the provisions of Government Code Sections 66473.5, 66474, 66474.1 and 66474.6, to the city council. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b), and this title.

(Ord. 1234 (part), 1995: Ord. 684 § 11, 1975)

The advisory body shall deny approval of a tentative subdivision map if it makes any of the following findings:

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

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

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

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

E. 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;

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 advisory 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 record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby 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. In the event that the advisory body finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative map or maps of the subdivision.

(Ord. 684 § 24, 1975)