San Benito County Municipal Code Ch. 23.07 Tentative Maps

(A) The form, content, submittal and approval of tentative maps shall conform to the provisions of the Subdivision Map Act and this title.

(B) An application for approval of a tentative map pursuant to this chapter shall not be deemed complete until the subdivider has obtained all other necessary discretionary county approvals for the development that are required pursuant to the provisions of this code.

(C) Within the boundaries of an adopted specific plan, the subdivider may submit and the county may approve an application, in accordance with § 23.07.005, for a "large lot" tentative map consisting of large, non-buildable lots; provided, however, said large lot map shall not be construed to create any buildable lots and shall be utilized only for financing and/or infrastructure planning purposes. The subdivider may not build any structures on any lots identified on any such "large lot" tentative map approved under this section until such time as the subdivider seeks and obtains approval of a tentative subdivision map or parcel map in accordance with the applicable provisions of the Subdivision Map Act and the county's Subdivision Ordinance that further subdivides and creates such buildable lots.

(1966 Code, § 17-16) (Ord. 617, § 2(part); Ord. 860, § 4 (part), 2010)

(A) The tentative map shall be prepared in a manner consistent with the requirements of this title as determined by the Planning Department.

(B) The tentative map shall be clearly and legibly drawn and shall contain not less than the following:

(1) The subdivision name and type of subdivision;

(2) The name, address and telephone number of the owner of the subject property, the subdivider and the person preparing the map, including any registration or license number;

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

(4) Date, north arrow, graphic scale, contour interval and source and date of existing contours;

(5) Existing zoning and general plan designation and a statement of existing and proposed uses of the property as well as any proposed zoning and general plan changes, whether immediate or future;

(6) A vicinity map showing roads, towns, creeks, railroads and/or other data sufficient to locate the proposed subdivision and show its relation to the community;

(7) Existing topography of the proposed subdivision site and at least 100 feet beyond its boundary, including but not limited to: existing contours at two-foot intervals if the existing ground slope is less than 10%, and at not less than five-foot intervals for existing ground slopes equal to or greater than 10%. Contours shall not be spread more than 150 feet apart and a minimum of three contours shall be shown. A different interval may be allowed in areas where it would be appropriate;

(8) Within the proposed subdivision and within 100 feet of its boundary, the following shall also be shown:

(a) Any trees proposed to be removed or impacted shall be indicated by species, diameter at breast height and dripline of existing trees with a diameter at breast height of four inches or more;

(b) The location and outline of all existing structures identified by type and drawn to scale. Structures to be removed shall be so marked;

(c) The approximate location of all areas of potential stormwater overflow; the location, width and direction of flow of each watercourse; and the flood zone designation;

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

(e) The width, purpose, location and identity and recording data of all existing easements; and

(f) The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains, where appropriate (required where property is within a sewer or water district). The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets and within the subdivision shall be indicated.

(9) Proposed improvements to be shown shall include, but not be limited to:

(a) Typical sections of all streets shall be shown. Proposed private streets shall be clearly indicated. The location, grade, centerline radius and arc length of curves, pavement, right-of-way width and name of all streets shall be shown, where appropriate;

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

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

(d) The approximate lot layout and the approximate dimensions and area of each lot and each building site. Engineering data shall provide sufficient detail to allow adequate environmental review. This detail may include the approximate finished grading of each lot, the preliminary design of all grading including the estimated amount of grading in cubic yards, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, the number of each lot and the elevation of adjacent parcels;

(e) Proposed contours at two-foot intervals shall be shown if the existing ground slope is less than 10% and not at less than five-foot intervals for existing ground slopes of 10% or more and a minimum of three contours shall be shown. A larger interval may be allowed for very large property, where appropriate. Existing contours shall be represented by solid lines. A separate grading plan may be submitted;

(f) Proposed recreation sites, trails and parks for private or public use;

(g) Proposed common areas and areas to be dedicated to public open space;

(h) The location and size of sanitary sewers, fire hydrants, water mains and storm drains, where appropriate (required where property is in a sewer or water district). Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated. The proposed routing of stormwater runoff generated by a 100-year storm and proposed method of mitigating runoff due to development and pollution due to storm water discharge shall also be indicated; and

(i) A statement as to intention of the subdivider in regard to slope planting and erosion control.

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

(11) The minimum size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be not less than one inch equals 100 feet or as may be necessary to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets are used, a key sheet shall be included. All printing or lettering on the map shall be of one-eighth inch minimum height and of such shape and weight as to be readily legible on prints and other reproductions made from the original drawings; and

(12) The subdivider shall specify any deviation from county standards. The justification for the deviation shall be explained on a separate sheet.

(1966 Code, § 17-17) (Ord. 617, § 2(part))

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

(A) Street names.

(1) A list of proposed street names for any unnamed street or alley for review by the county’s Communications Department. This requirement shall not apply to condominium conversions.

(2) Each street 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 street shown on the tentative map shall be submitted to the county for approval in accordance with current county street-naming policies prepared by the Communications Department. The approved street name shall be shown on the final or parcel map.

(B) Soil report.

(1) A preliminary soil report, prepared by a registered civil engineer shall be submitted. The County Engineer shall review the preliminary soil report and may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

(2) The requirement of a preliminary soil report may be waived provided that the County Engineer finds that, due to the knowledge the county has as to the soil conditions in the subdivision, no preliminary analysis is necessary. The knowledge would include, but not be limited to, information regarding the nature, distribution and strength of the existing soil, and the necessary grading procedures and design criteria for corrective measures.

(3) If the county has knowledge of, or the preliminary soil report indicates the presence of critically expansive soil or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision may be required. The soil investigation shall be done by a registered civil engineer or geotechnical engineer. The county may approve the subdivision, or portion thereof, where these soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(C) Title report. A preliminary title report, acceptable to the Planning Department, showing the legal owners at the time of submitting the tentative map shall be submitted.

(D) Environmental review. Information shall be submitted as required by the Planning Department to allow an environmental review to be made in accordance with the California Environmental Quality Act (Cal. Public Resources Code §§ 21000 et seq.). The subdivider shall deposit and pay all fees as may be required for the preparation and processing of environmental review documents.

(E) Preliminary engineering calculations. Information shall be submitted as required by the standard engineering specifications, adopted by this title, to demonstrate the adequacy of the design of the proposed improvements. The information shall include design parameters and engineering calculations.

(F) Phasing. If the subdivider plans to file multiple final maps on the tentative map, he or she shall submit a written notice on the tentative map to this effect.

(G) Geohydrology. If the subdivision proposes to use groundwater as its primary water source, adequate information shall be submitted. Such information shall include the potential impacts on the aquifer under the site as well as measures to conserve the resource.

(H) Septic suitability. Subdivisions proposing to use on-site sewage disposal systems shall submit a soil percolation test or soil profile based upon on-site soil testing. The testing and report shall be prepared under the direction of a civil engineer or a registered sanitarian.

(I) Slope analysis. Subdivisions sited on property with slopes of 30% or greater shall depict the location of areas with the slopes.

(J) Geologic report. The applicant shall submit a geologic report prepared by a registered geologist for subdivisions with special studies zones, potential or existing landslide hazards and/or other potential geologic hazards.

(K) Other reports. Any other data or reports deemed necessary by the Planning Department.

(L) Legal description. A legal description of the boundaries of the proposed subdivision.

(1966 Code, § 17-18) (Ord. 617, § 2(part))

(A) The tentative map application shall be submitted to the Planning Department. The application shall be determined by the department to be complete only when the form and contents of the tentative map conform to the requirements of § 23.07.002 and when all accompanying data and reports, as required by § 23.07.003, all fees and/or deposits as required by § 23.01.007 have been submitted and accepted by the Department, and when all requirements under the California Environmental Quality Act concerning the completeness of applications have been satisfied. The Planning Department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. Public agencies and utilities shall certify that the subdivision can be adequately served.

(B) Within ten days of the submitting of a complete tentative map application, the Planning Department shall send a notice of the submitting of the tentative map application to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall 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. The governing board may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. The report shall be returned within 20 working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board fails to respond within the 20 working-day period, the failure to respond shall be deemed approval of the proposed subdivision by the school district. The Planning Commission shall consider the report from the school district in approving, conditionally approving, or disapproving the tentative map application.

(1966 Code, § 17-19) (Ord. 617, § 2(part))

Upon the written request of the subdivider, the Planning Department may waive any of the tentative map requirements pursuant to §§ 23.07.002 and 23.07.003 if the Department determines that the type of subdivision does not justify compliance with these requirements or other circumstances justify a waiver. The Planning Department may require other drawings, data or information as it deems necessary to accomplish the purposes of the Subdivision Map Act and this title. In addition, within the boundaries of an adopted specific plan, the subdivider may submit and the county may approve an application, in accordance with § 23.07.005, for a "large lot" tentative map consisting of large, non-buildable lots; provided, however, said large lot map shall not be construed to create any buildable lots and shall be utilized only for financing and/or infrastructure planning purposes. The subdivider may not build any structures on any lots identified on any such "large lot" tentative map approved under this section until such time as the subdivider seeks and obtains approval of a tentative subdivision map or parcel map in accordance with the applicable provisions of the Subdivision Map Act and the county's Subdivision Ordinance that further subdivides and creates such buildable lots. Any application for a large lot tentative map as described herein need not comply with the submittal requirements of §§ 23.07.002 and 23.07.003, but shall include such other drawings, data or information as deemed necessary by the Planning Department to accomplish the purposes of the Subdivision Map Act and this title.

(1966 Code, § 17-20) (Ord. 617, § 2(part); Ord. 860, § 4 (part), 2010)

(A) Report. Upon receipt of a complete tentative map application, the Planning Department shall prepare a report with recommendations. The Planning Department shall set the matter for public hearing before the Planning Commission. A copy of the Department report shall be available to the applicant at least three days prior to the public hearing.

(B) Notice of public hearings.

(1) At least ten days prior to the public hearing, notice of the hearing shall be published at least once in a newspaper of general circulation within the jurisdiction of the county.

(2) At least ten days prior to the public hearing, notice of the hearing shall be mailed or delivered to the owner of the subject real property, the subdivider and all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In addition, notice of the hearing shall be mailed or delivered at least ten days prior to the public hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities may be significantly affected. Notice of the hearing shall also be mailed or delivered at least ten days prior to the public hearing to any person who has submitted a written request for notice with the Planning Department.

(3) The Planning Department may give notice of the hearing in any other manner it deems necessary or desirable.

(4) The failure of any person or entity to receive notice pursuant to this division shall not constitute grounds for any court to invalidate the actions for which the notice was given.

(C) Action. The Planning Commission shall approve, conditionally approve or disapprove the tentative map within 50 days after the tentative map application has been determined by the Planning Department to be complete. The time period shall not commence until certification of the environmental impact report, adoption of a negative declaration or a determination that the project is exempt from the requirements of the California Environmental Quality Act.

(D) Approval.

(1) 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, and any applicable specific plan.

(2) The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department report. The Planning Commission may add additional requirements as a condition of its approval. The Planning Commission may require as 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. The fees shall be as adopted by ordinance in effect at the time the application is determined complete.

(3) If no action is taken upon the tentative map by the Planning Commission within the time limits specified in this section or any authorized extension thereof, the tentative map, as filed, shall be deemed to be approved, insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the general plan.

(E) Disapproval. The tentative map may be disapproved by the Planning Commission on any of the grounds set forth in the Subdivision Map Act or this title. The Planning Commission shall deny approval of the tentative map if it makes any of the following findings:

(1) That the proposed map is not consistent with the general plan or any applicable specific plan;

(2) That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan;

(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. Notwithstanding the foregoing, the Planning Commission may approve a tentative map if an environmental impact report was prepared with respect to the project and a finding was made pursuant to Cal. Public Resources Code § 21081 that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report;

(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 Planning Commission 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 division 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 use of property within the proposed subdivision;

(8) Subject to Cal. Gov’t Code § 66474.4, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Cal. Gov’t Code §§ 51200 et seq.) and that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use; or

(9) Subject to Cal. Gov’t Code § 66474.6, that the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by the Central Coast Regional Water Quality Control Board pursuant to Cal. Water Code Division 7 (commencing with § 13000).

(1966 Code, § 17-21) (Ord. 617, § 2(part))

Any applicable time limits for reporting and acting on the tentative map application may be extended by mutual consent of the subdivider and the Planning Commission.

(1966 Code, § 17-22) (Ord. 617, § 2(part))

(A) The subdivider or any interested person aggrieved by a decision of the Planning Commission with respect to the tentative map application may, within ten days after the date of the decision, file an appeal in writing with the Clerk of the Board. The Clerk of the Board shall set the matter for public hearing before the Board of Supervisors, the hearing to commence within 30 days after the filing of the appeal. The hearing may be continued from time to time, but must be concluded within 60 days from the date of commencement of the hearing. Notice of the hearing shall be given as provided in § 23.07.006. Within ten days following the conclusion of the hearing, the Board of Supervisors shall render its decision on the appeal. The Board of Supervisors may remand, sustain, modify, reject or overrule any recommendations or rulings of the Planning Commission and may make any findings which are consistent with the provisions of the Subdivision Map Act and this title.

(B) If the Board of Supervisors fails to act upon an appeal within the time limits set forth in this section, the tentative map, insofar as it complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the general plan, shall be deemed to be approved or conditionally approved as last approved or conditionally approved by the Planning Commission. A tie vote by the Board of Supervisors shall be deemed a vote to uphold the Planning Commission.

(1966 Code, § 17-23) (Ord. 617, § 2(part))

(A) The approval or conditional approval of a tentative map shall expire 24 months after its approval or conditional approval by the Planning Commission or Board of Supervisors, whichever occurs last. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final or parcel map of all or any portion of the real property included within the tentative map shall be recorded without first processing a new tentative map.

(B) If in connection with a tentative map for which the recording of multiple final maps is authorized pursuant to § 23.09.002, the subdivider is made subject to a requirement of $125,000 or more to construct, improve or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements as stated in Cal. Gov’t Code § 66452.6(a), or if the tentative map is on property subject to a development agreement authorized by Cal. Gov’t Code §§ 65864 et seq., then the expiration date set forth in division (A) shall be extended in accordance with Cal. Gov’t Code § 66452.6(a). An extension to the expiration date may also be approved as provided in § 23.07.010. The extension(s) provided for in this division shall not extend the tentative map more than ten years from the date of its approval or conditional approval.

(C) Subject to the requirements of Cal. Gov’t Code § 66452.6(b), the period of time specified in division (A) above shall not include any period of time during which a development moratorium, imposed after approval or conditional approval of the tentative map, is in existence.

(D) Subject to the requirements of Cal. Gov’t Code § 66452.6(c), the period of time specified in division (A) above shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction.

(1966 Code, § 17-24) (Ord. 617, § 2(part))

(A) Request by subdivider. In addition to any extension authorized under § 23.07.009, the subdivider may request one or more extensions of the map, the cumulative total not to exceed three years, by written application to the Planning Director. The application shall be submitted before the map is to expire and shall state the reasons for the request. Upon the submitting of this request for extension, the map shall be automatically extended for a period of 60 days or until the Planning Director acts on the request, whichever period of time is shorter.

(B) Planning Director action. The Planning Director shall review the application for the extension and approve, conditionally approve or disapprove the request. A copy of the decision shall be forwarded to the subdivider. In approving, conditionally approving or disapproving the request for extension, the Planning Director shall make findings supporting the decision, including those findings found in § 23.07.006.

(C) Appeal. The subdivider or any interested person aggrieved by a decision of the planning director with respect to an extension requested may appeal the decision to the Board of Supervisors in accordance with § 23.07.008. If the Board of Supervisors does not act within the time limits set forth in § 23.07.008, the extension shall be deemed to have been approved by the Planning Commission, insofar as the tentative map complies with all other applicable provisions of the Subdivision Map Act, this title, this code and the general plan. Pending a decision by the Board on the appeal, the map shall be deemed extended until the decision is rendered.

(1966 Code, § 17-25) (Ord. 617, § 2(part))

(A) Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the Planning Department upon written application by the subdivider or on the Department’s own initiative, provided that the following criteria are met:

(1) No lots, units or building sites or structures are added;

(2) Changes are consistent with the intent and spirit of the original tentative map approval; and/or

(3) There are no resulting violations of the Subdivision Map Act, general plan or any county ordinance.

(B) The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the Planning Director. Amendments to the approved or conditionally approved tentative map or conditions of approval which, in the opinion of the Planning Department, are not minor, shall be presented to the Planning Commission for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this chapter. An amendment approved by the Planning Director shall not alter the expiration date of the tentative map. An amendment approved by the Planning Commission shall be deemed a new subdivision, with the time limits appropriate to this status.

(1966 Code, § 17-26) (Ord. 617, § 2(part))