Chapter 17.828 — TENTATIVE MAPS

The purpose of this chapter is to establish the city's regulations, standards and procedures for consideration of tentative map applications. It should be recognized that other agencies may have regulations, standards and procedures for tentative maps. (Ord. 2017-0009 § 22)

A. Except as provided in subsection B, for every subdivision, the subdivider shall file with the city a tentative map prepared in accordance with the provisions of this chapter.

B. Condominium projects as defined in California Civil Code section 783 for which a tentative map and final map are not otherwise required are exempt from the tentative map requirement, provided that the land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required. (Ord. 2017-0009 § 22)

A. Preliminary Design Plan. A subdivider may present for consideration by the subdivision review committee a preliminary design plan for informal design evaluation by the subdivision review committee before filing the tentative map application. The preliminary design plan should include, at a minimum, the following information:

1. Street layouts indicating location and type;

2. Basic lot design and size;

3. Land use;

4. Existing natural or man-made features on or adjacent to the site;

5. Existing and proposed topography on or adjacent to the site.

• B. Within 30 days of the filing of the preliminary design plan, the subdivision review committee shall evaluate the plan to determine whether the preliminary design plan complies with the following:

1. City of Sacramento general plan;

2. Any applicable specific plans;

3. Planning and development code;

4. Adopted public improvement standards;

5. Other applicable standards and regulations.

The determinations of the subdivision review committee pursuant to this section are preliminary in nature, and are neither binding nor appealable.

C. A subdivider may not request preliminary design evaluation and seek to process a tentative map application for the same subdivision at the same time. A subdivider may withdraw a request for preliminary design evaluation at any time and thereafter file an application for a tentative map.

D. Fees. A fee, prescribed by city council resolution, shall be required for evaluation of all preliminary design plans. (Ord. 2017-0009 § 22)

A subdivider seeking approval of a tentative map for a subdivision of five or more parcels shall file an application for tentative map approval consistent with the requirements of this title. The application shall consist of the following:

• A. A tentative map, consistent with the requirements of sections 17.828.050 and 17.828.060.

• B. A completed city application packet, including an environmental checklist.

• C. The following drawings, statements and other data, and as many additional copies thereof as may be required, shall be filed on or with the tentative map:

1. A vicinity or key map of appropriate scale and covering sufficient adjoining territory so as to clearly indicate nearby street patterns, major access streets, property lines, other adjacent properties in the subdivider's ownership, and other significant features which will have a bearing upon the proposed subdivision and its location and relationship to surrounding areas.

2. A statement of existing and proposed zoning and existing and proposed uses of the property with the approximate areas of the proposed uses by type and the total area of the subdivision.

3. A preliminary soil investigation and geological reconnaissance report by a registered civil engineer specializing and recognized in soil mechanics and foundation engineering for every subdivision for which a final map is required. If the director of public works knows the soil conditions in the proposed subdivision, the director of public works may waive the submission of this preliminary report.

If the preliminary soils report indicates the presence of critically expansive soils or other soil problems, including seepage which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of public works as a condition precedent to consideration of the tentative map by the subdivision review committee. The soils investigation shall be done in the manner provided in section 66491 of the California Government Code.

4. A preliminary grading plan. Submission of the preliminary plan may be waived by the director of utilities when he or she determines that the submission of said plan is not required for proper grading, flood hazard mitigation and erosion control of the proposed subdivision.

5. Applications for any tentative map design deviation that may be proposed, together with supporting drawings and statements and such other data as may be required by the provisions of chapter 17.842.

6. All other data required as a prerequisite to approval of the tentative map, including plans, reports, fees or other requirement.

7. With respect to tentative maps for residential condominium conversion projects, a conditional use permit for such a conversion project is required pursuant to chapter 17.716. The planning director or designated representative may waive this requirement if at the time of the filing of the tentative map the subdivider, in writing, irrevocably offers to the advisory agency and city council to extend the time limits specified in the subdivision map act for reporting and acting upon the tentative map by said bodies. The extension shall be for such periods of time as are reasonably necessary to permit the processing, review, and final action on the conditional use permit concurrently with the tentative map.

D. A fee in an amount prescribed by city council resolution. (Ord. 2017-0009 § 22)

A. The tentative map shall be clearly and legibly drawn and shall be drawn to scale by or under the direction of a registered civil engineer or licensed land surveyor. The scale of the map shall be at least one inch equals 100 feet. If necessary to provide the proper scale, more than one sheet may be used, but the relation of the several sheets shall be clearly shown on each. No single sheet shall exceed 72 inches in length and 54 inches in width.

B. The director of public works may, in his or her sole discretion, waive the requirements that the tentative map be prepared by a registered civil engineer or licensed land surveyor if the tentative map submitted is clearly and legibly

drawn, drawn to scale, and satisfies the requirements of sections 17.828.050 and 17.828.060. The decision to waive or not waive the foregoing requirement shall be final and not subject to appeal. (Ord. 2017-0009 § 22)

The tentative map shall contain the following information in addition to such information as is required by the Subdivision Map Act:

• A. Proposed subdivision name, if any;

B. Names, addresses and telephone numbers of the record owner and subdivider of the land;

C. Name, address and telephone number of the person, firm or organization that prepared the map, and the applicable registration or license number;

D. Date of preparation, north point and scale of the map. If based on a survey, the date of the survey;

• E. Boundaries of the subdivision with sufficient information to locate the property;

F. Subdivision name of adjacent subdivisions, if any, and property lines sufficient to show their relationship to the proposed subdivision;

G. Contour lines at intervals of not more than one foot unless waived prior to submission by the director of utilities. Topographic information shall be sufficient to fully show the configuration of the land and any and all depressions that present drainage problems, and shall extend beyond the tract boundaries where necessary to show drainage conditions on surrounding property which may affect the subdivision. Topographic survey shall not be waived in areas within the 100 year flood hazard boundary as shown on the most current Federal Emergency Management Agency flood insurance rate map (FIRM);

H. The approximate location and general description of any trees and shrubs, and their drip lines if known, with notations as to their retention or destruction; and any vernal pools or wetlands located on the property to be subdivided. The general description of trees and shrubs should include an indication as to their size (diameter) and type, if known;

I. The location of all railroad rights-of-way and grade crossings; approximate locations of all existing wells, abandoned wells and sumps; and an indication of any physical restrictions or conditions in the subdivision which affects the use of the property;

J. The location of all structures on the site or on adjacent properties; the distances between structures to be retained and existing or proposed street and lot lines; and notations concerning all structures which are to be removed;

K. The location and width of proposed building setback lines;

L. The locations shown by hatched lines of existing utilities in and adjacent to the subdivision; the size and invert elevation of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal;

d lines of existing utilities in and adjacent to the subdivision; the size and invert elevation of sanitary and storm sewers; the size of water mains; and, if sewers and water mains are not in or adjacent to the subdivision, the direction and distance to the nearest sewer and water main with size and invert elevation of sewer and size of main, and the proposed method of providing sewage disposal;

M. The location of all potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and directions of flow of all water courses and flood control channels within and adjacent to the property involved; and the proposed method of providing storm water, drainage and erosion control. In areas subject to 100 year flood hazard, base flood elevation and floodway boundary shall be indicated;

N. The locations, widths and names or designations of all existing or proposed streets, alleys, pedestrian ways and other rights-of-way, whether public or private, within and adjacent to the subdivision; the radius of each center line curve; and any planned line for street widening or for any other public project in and adjacent to the subdivision;

O. The lines and approximate dimensions of all lots, and the number assigned to each lot; the total number of lots; and the approximate area of the average lot;

P. The total area in square footage or acreage to the nearest one-tenth acre of each lot proposed to be utilized for other than single-unit or duplex dwellings;

Q. The boundaries of existing and proposed public areas in and adjacent to the subdivision, with the nature of each indicated thereon with the acreage thereof. If land is to be offered for dedication for park or recreation purposes or for purpose of providing public access to navigable waters, it shall be so designated;

R. Any modification being requested in accordance with the requirements of chapter 17.842 or chapter 17.844 which is shown on the tentative map shall be clearly labeled and identified as to nature and purpose; and

S. If separate final maps are to be filed on portions of the property shown on the tentative map, the subdivision boundaries which will appear on said final maps and the sequence in which said final maps will be filed. (Ord. 20170009 § 22)

The subdivider shall file with the planning division the tentative map application the number of copies specified by the planning division. A tentative map application shall not be considered as having been filed unless and until it complies with all provisions of this chapter, and the drawings, statements and other data required to accompany the tentative map have been submitted in a form acceptable to the planning director. (Ord. 2017-0009 § 22)

A. Within 30 days of receiving a tentative map application, the planning division shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the planning division shall advise the applicant as to the deficiencies in the application.

B. Within 10 days after an application has been found to be complete and accepted for filing, the planning director shall transmit copies of the tentative map and, where applicable, copies of drawings, statements and other data required to accompany the tentative map or required subsequent to the filing of the tentative map, to members of the subdivision review committee and to such other public or private agencies or departments as the director determines may be affected by the proposed subdivision for report and recommendation to the zoning administrator, planning and design commission or city council.

C. Subdivision Review Committee Review. The planning director shall schedule the project for review before the subdivision review committee. The subdivision review committee shall consider the project and prepare a recommendation to the zoning administrator, planning and design commission or the city council. The recommendation shall include the determination of the subdivision review committee on the conformance of the tentative map to the standards, rules and regulations of this title, and to the requirements of all applicable specific plans and ordinances of the city. The subdivision review committee shall also advise the zoning administrator, planning and design commission and the city council on the requirements, if any, of other city departments and the applicable requirements of the county, special districts, state and other public and private agencies affected by the proposed subdivision.

D. Planning Director Report. At the time of the submission of his or her report to the zoning administrator, planning and design commission or the city council on the project, the planning director shall incorporate within his or her report the recommendations made by the subdivision review committee. (Ord. 2017-0009 § 22)

A. As a condition of approval of a tentative map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses consistent with the general plan, any applicable specific plan, and as provided in this section.

B. The reserved area shall be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

C. The public agency for whose benefit an area has been reserved shall at the time of approval of the final subdivision map or final parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement between the public agency and the subdivider.

D. The purchase price of the reserved area shall be the market value thereof at the time of the filing of the tentative subdivision map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan secured by the reserved area.

E. If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 2017-0009 § 22)

A. Public Hearing before Zoning Administrator-Notice. Within a reasonable period of time following consideration by the subdivision review committee of an application for a tentative map, other than a vesting tentative map, the planning director shall set the matter for hearing before the zoning administrator. The procedural requirements for the hearing before the zoning administrator and the contents of the hearing notice shall be governed by the provisions of chapter 17.812. Notice of the hearing shall be given by publication, posting, and mail pursuant to section 17.812.030. In addition, if the proposed subdivision is a conversion of residential real property to a condominium, community apartment, or stock cooperative project, notice shall be given to each tenant of the property in accordance with chapter 17.716 and California Government Code section 66451.3. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this chapter.

B. Action by the Zoning Administrator. The zoning administrator may approve or conditionally approve a tentative map by adopting a resolution, or may deny approval of the proposed tentative map. In reaching a decision upon the tentative map, the zoning administrator shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

C. Approval. The tentative map may be approved or conditionally approved by the zoning administrator if it is found that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific or community plan, and all applicable provisions of this code.

D. Denial. The tentative map may be denied by the zoning administrator on any of the grounds provided by the Subdivision Map Act or this code. Except as otherwise required by state or federal law, the zoning administrator shall deny approval of the tentative map if it makes any of the following findings:

1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;

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

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

4. 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. Notwithstanding the foregoing, the

zoning administrator may approve such a tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of the California Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

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

6. 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 zoning administrator may approve a map if he or she 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 granted to the zoning administrator to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. The conditions set forth in Government Code section 66474.4 are met, relating to subdivisions of land that would result in parcels too small to sustain their agricultural use or that would result in residential development not incidental to the commercial agricultural use of the land, including land subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (California Government Code sections 51200 et seq.). (Ord. 2020-0021 § 6; Ord. 2017-0009 § 22)

A. Recommendation by planning and design commission. If a tentative map is requested as a part of a development project that requires approval of one or more entitlements by the city council, the planning and design commission shall recommend approval, conditional approval, or denial of the tentative map and forward the recommendation to the city council for action.

B. Notice and Hearing Before City Council. The city clerk shall set the matter for public hearing before the city council within 30 days following the date on which the planning and design commission makes a recommendation or takes other action. Notice of the hearing before the city council shall be given in the same manner specified in section 17.828.095.A for hearings before the planning and design commission.

C. Action by the City Council. The city council shall approve, conditionally approve, or deny the tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the city council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the city council to the subdivider. Except as otherwise provided by the Subdivision Map Act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative map.

D. Approval by City Council. The tentative map may be approved or conditionally approved by the city council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The city council may require a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance. The city council may modify or delete any of the conditions of approval recommended in the department's report. The city council may add additional requirements as a condition of its approval.

E. Denial by City Council. The tentative map may be denied by the city council on any of the grounds provided by the subdivision map act or this code. Except as otherwise required by state or federal law, the city council shall deny

approval of the vesting tentative map if it makes any of the findings stated in section 17.828.095.D. (Ord. 2017-0009 § 22)

A. Notice of Public Hearings Before Planning and Design Commission. Within a reasonable period of time following consideration by the subdivision review committee of a vesting tentative map, the director shall prepare a report with recommendations, and shall set the matter for hearing before the planning and design commission. A copy of the report of the planning director shall be forwarded to the subdivider at least three days prior to the public hearing. Notice of the hearing before the planning and design commission shall be provided in the same manner as specified in section 17.828.090.A.

B. Recommendation by Planning and Design Commission. The planning and design commission shall make such recommendations as it deems appropriate on the vesting tentative map application, as well as any other entitlements before it.

C. Notice of Hearing Before City Council. The city clerk shall set the matter for public hearing before the city council within 30 days following the date on which the planning and design commission makes a recommendation or takes other action. Notice of the hearing before the city council shall be given in the same manner specified in section 17.828.090.A for hearings before the planning and design commission.

D. Action by the City Council. The city council shall approve, conditionally approve, or deny the vesting tentative map within 50 days of the date of certification of the EIR, adoption of a negative declaration, or a determination by the city council that the project is exempt from the requirements of CEQA, and the planning director shall thereafter report the decision of the city council to the subdivider. Except as otherwise provided by the subdivision map act, failure to act within the above-specified time limits shall not be deemed or considered approval of the vesting tentative

map.

E. Approval by City Council. The vesting tentative map may be approved or conditionally approved by the city council if it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plan, and all applicable provisions of this code. The city council may require a condition of its approval that the payment by the subdivider of all development fees required to be paid at the time of the application for, or issuance of, a building permit or other similar permit shall be made at the rate for such fees in effect at the time of such application or issuance.

The city council may modify or delete any of the conditions of approval recommended in the department's report. The city council may add additional requirements as a condition of its approval.

F. Denial by City Council. The vesting tentative map may be denied by the city council on any of the grounds provided by the subdivision map act or this code. Except as otherwise required by state or federal law, the city council shall deny approval of the vesting tentative map if it makes any of the following findings:

1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;

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

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

4. 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. Notwithstanding the foregoing, the city council may approve such a vesting tentative map if any environmental impact report was prepared with respect to the project and a finding was made pursuant to section 21081(c) of California Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

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

6. 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 city council 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 granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or

7. Subject to section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with section 51200 of the California Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Ord. 2017-0009 § 22)

Requests for withdrawal of any tentative map shall be submitted to the planning director in writing unless made at a public hearing on the tentative map. (Ord. 2017-0009 § 22)

No application for a tentative map approval shall be accepted, nor any hearings held thereon, for an application for the same or substantially same tentative map which has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction of the matter. (Ord. 2017-0009 § 22)

A. Except as provided in section B, any revised tentative map shall be deemed a new tentative map and shall be processed in conformance with the requirements of these regulations in effect at the time such revised map is filed, including any changes in street standards which have become effective since the original tentative map was filed.

B. Minor amendments to tentative map design or conditions of approval of a tentative subdivision or parcel map do not require a new tentative map.

1. Minor amendments to an approved tentative map or to any condition of approval thereon may be approved by the zoning administrator, provided all of the following criteria are met:

• a. No lots are added to the project;

• b. Such changes are consistent with the intent of the original tentative map approval; and

• c. The change involves no substantial change in lot configuration, street layout, improvements, or conditions of approval.

2. All of the findings required for approval of a tentative map under this chapter shall be required for minor amendments to the tentative map's design or conditions of approval.

3. The procedural requirements for the hearing before the zoning administrator and the contents of the hearing notice shall be governed by the provisions of chapter 17.812. Notice of the hearing shall be given by publication, posting and mail pursuant to section 17.812.030. (Ord. 2017-0009 § 22)

In every subdivision for which a soils investigation of each lot has been required by the director of public works, the city council may approve the subdivision or portion thereof where the critical soils problem exists if it finds the corrective action recommended in the soils investigation is likely to prevent structural damage to each structure to be constructed thereon. As a condition of the approval of the tentative map, the city council may require the director of the building inspections division to withhold the issuance of any building permit for development of the lots until the approved recommended corrective action is incorporated into the plans for the construction of each structure. (Ord. 2017-0009 § 22)

A. The approval or conditional approval of a tentative map shall expire 36 months from its approval by the zoning administrator, planning and design commission or city council, whichever occurs last, unless the expiration date is extended pursuant to section 17.828.170.

B. If multiple final maps or multiple parcel maps are authorized pursuant to section 17.832.100 and the subdivider is required to spend a dollar amount equal to or greater than the dollar amount specified in California Government Code section 66452.6(a) 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

boundaries and are reasonably related to the development of the property), or if the tentative map is on property subject to a development agreement authorized by section 65864 et seq., of the California Government Code, then each filing of a final map shall extend the expiration date in accordance with section 66452.6(a) of the California Government Code. (Ord. 2017-0009 § 22)

A. Request by Subdivider. A subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the planning division. The application shall be filed not less than 30 days before the map is to expire, and shall state the reasons for requesting the extension.

B. Zoning Administrator Hearing and Action.

1. Notice. The planning director shall prepare a report with the recommendation on the application for an extension, and shall set the matter for hearing before the zoning administrator. The matter shall be noticed in the same manner as a tentative map application, as specified in section 17.828.090.

2. Action by the Zoning Administrator. The zoning administrator shall approve, conditionally approve, or deny the application for an extension of the expiration date, and shall make findings supporting his or her decision.

C. Time Limit of Extension. The time at which the tentative map expires may be extended by the zoning administrator for a period not exceeding a total of two years or such additional time as may be authorized by the Subdivision Map Act.

D. Appeal of Extension. The subdivider or any interested person adversely affected may appeal any action of the zoning administrator on the extension to the planning and design commission in accordance with chapter 17.812, except that any appeal shall be filed within 15 days after the action by the zoning administrator. (Ord. 2024-0051 § 32; Ord. 2017-0061 § 96; Ord. 2017-0009 § 22)