Ridgecrest Municipal Code § 105-59 Tentative map filing

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State Law reference— Tentative maps, Government Code § 66452 et seq.

(a) Pre-filing conference. Prior to the filing of a tentative map, the subdivider may submit to the department of community development, maps, plans and other information concerning a proposed or contemplated development. The department of community development shall then within ten working days, schedule a conference with the subdivider as shall seem proper regarding such plans or other data. This conference is an optional procedure which may be elected by the subdivider and is not required by this section. A subdivider may commence with the filing of a tentative map and may elect to omit this pre-filing conference.

(b) Filing of tentative map and supplementary data. The subdivider shall file with the department of community development an adequate number of prints, as determined by the director of community development, of the tentative map of the subdivision plus the supplemental data required in this Code. The department of community development within 30 working days after the tentative map has been received, shall examine the map and if it appears to substantially comply in form and content, the map shall be accepted for filing. If it is not accepted, it shall be returned to the subdivider with a written statement of the reason. Filing fees shall be as established by resolution of the city council.

(Code 1980, § 19-3.1; Ord. No. 87-01, § 15)

State Law reference— Time for action of advisory agency, Government Code § 66452.1.

(a) The planning commission shall hold a public hearing to consider the tentative tract map within 50 working days following the date of its filing, and shall determine whether the tentative map is in conformity with the provisions of law and this chapter and upon that basis shall approve, conditionally approve, or disapprove the tentative map.

(b) Notice shall be published in a newspaper of general circulation in the community not less than nor more than 15 days before the date set for the commission hearing. The notice shall contain all data pertinent to the hearing.

(c) Written notices shall be mailed not less than ten days prior to the date of the hearing to owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the county. Such notice shall contain all pertinent data contained in the application.

(d) The time for acting and reporting on tentative tract map may be extended by mutual consent of the subdivider and the planning commission.

(e) The commission shall deny approval of a 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 the 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 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 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.

(f) Except as otherwise provided in Government Code § 66452.6, the approval or conditional approval of a tentative subdivision map shall be for 36 months. Upon written application, time extensions may be granted in 36-month increments, but not to exceed a total of six years, may be granted by the commission for a subdivision. Conditions may be added by the commission when granting a time extension to bring the tentative tract map into compliance with the latest city requirements. If a final map is not submitted within the allowed time, the tentative map shall be considered abandoned.

(g) The planning commission or the city council may waive the provisions of this chapter and of Government Code § 66476 requiring disapproval of map for failure to meet or perform state or local requirements of conditions when the failure of a map submitted for approval is the result of a technical and inadvertent error which in the determination of the planning commission or the city council does not materially affect the validity of the map.

(h) Any interested person may appeal any action of the planning commission with respect to the tentative map within ten days after such action to the city council in accordance with Government Code § 66562.

(Code 1980, § 19-3.2; Ord. No. 87-01, § 16; Ord. No. 23-01, § 4, 4-19-2023)

Upon application of a subdivider filed before the expiration of an approved or conditionally approved tentative tract map, the time at which the map expires pursuant to subsection 105-60(f) may be extended by the planning commission for a period or periods not exceeding a total of six years. The period of extension specified in this section shall be in addition to the period of time provided by subsection 105-60(f). Before the expiration of an approved or conditionally approved tentative map, upon application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever comes first. If the planning commission denies a subdivider's application for an extension, the subdivider may appeal to the city council within 15 days after the planning commission has denied the extension.

(Ord. No. 23-01, § 5, 4-19-2023)