Article 14-20

PROCEDURE FOR TENTATIVE MAP OR PARCEL MAP APPROVAL

Sections:

The procedures and requirements set forth in this Article shall apply to all applications for tentative subdivision map or parcel map approval. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) The Community Development Director shall require the subdivider to submit a preliminary geologic report pursuant to Public Resources Code section 2623 for any subdivision which contemplates the eventual construction of structures for human occupancy and a soils investigation report pursuant to Map Act sections 66490 and 66491 for every subdivision for which a final map is required, as well as other subdivisions described in this ordinance.

(b) The preliminary geologic report, prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics, shall define and delineate any hazard of surface fault rupture pursuant to the maps described in Public Resources Code section 2622.

(c) The soils investigation report shall be prepared by a certified engineering geologist or a registered civil engineer qualified in soil mechanics, prior to the acceptance of any application for tentative map approval for every subdivision for which a final map or parcel map is required except for parcels entirely within Sun or SBR zones, as shown on the Ground Movement

Potential Map, free of liquefaction or fault hazard zones. The geologic and soils report shall fully and clearly present:

(1) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data.

(2) With respect to the actual or intended use of the land, the identification of any significant geologic problems including earthquakes, faulting, seiches, rock and soil slides, differential settlement and liquefaction of soil, and inundation, critically expansive soils or other unstable soil conditions which, if not corrected, may lead to structural damage or future geologic problems both on and off the site.

(3) Recommendations for corrective measures to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or humansafety hazards.

(4) Recommendations for additional investigations required to complete or refine the recommendations required under subsection (3).

(d) The Community Development Director shall forward both reports to the City Geologist for review and requests for additional information required to complete the subdivider's obligations under subsection (a) in the categories described above, and shall furnish a copy of such requests to the subdivider.

(e) The specific recommendations contained in the preliminary geologic and soils reports, including any recommendations added by the City Geologist, shall be incorporated into the design of the project as shown on the application for subdivision approval.

(f) The Community Development Director shall refuse to accept any application which fails to comply with subsection (c) of this Section, or any application for a site which, on the basis of the preliminary geologic and soils reports or in the opinion of the City Geologist, has been found to be unsuitable for the intended development by reason of soil conditions or geologic hazards which cannot be corrected or significantly mitigated to avoid potential problems identified in the geologic and soils reports.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Applications for tentative subdivision map and parcel map approval shall be filed with the Community

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Development Director on such forms as the Director may prescribe. The Director shall examine the application and the documents submitted therewith, and except as otherwise required by law shall not accept the same until all of the requirements of this Article with respect to the form, content and number of maps, information to be furnished and documents to be submitted with the application have been fully satisfied and all fees and costs due and payable at the time of filing the application have been paid in full. The time of filing the application shall be the date on which the application is accepted by the Community Development Director as being complete.

(Ord. No. 398, § 1(Att.), 12-20-2023)

Four hard copies and a digital copy formatted in pdf of the proposed tentative subdivision map or parcel map shall be submitted to the Community Development Director. Additional copies may be required for transmittal to the designated official of any adjoining local agency, which has requested the same as provided in the Map Act. In the event the State Department of Transportation has filed the requisite map with the City relating to existing or proposed State highway routes upon which it believes subdivisions would have an effect and the property is located within the area covered by such map, two additional copies of the tentative map shall also be filed, which shall be transmitted by the Planning Commission to the district office of such Department with a statement that the Planning Commission will consider any recommendation of such Department made within fifteen days after receipt by it of the copies of the map. The tentative map shall be clearly and legibly drawn by a registered civil engineer or licensed land surveyor. It shall have a dimension of not less than eighteen inches by twenty-six inches, and the scale shall be as follows: One inch shall be equal to twenty feet for a subdivision of two or less acres; one inch shall be equal to fifty feet for a subdivision of two acres through twenty acres; and one inch shall be equal to one hundred feet for all subdivisions over twenty acres in area. A parcel map shall conform to the requirements of Section 14.40.030. The tentative map shall

contain, or be accompanied by, the following information (parcel maps are required only to provide items (a) through (z)):

(a) The name of any existing recorded map applicable to the subdivision, the date of recording such map, and the book and page of the official records where such map is recorded.

(b) Proposed subdivision name, if any.

(c) Date, north point, scale, and sufficient description to define the location and boundaries of the proposed subdivision.

(d) A key map showing adjacent contiguous property on all sides, giving location, names and widths of adjacent rights-of-way, topographic features and all improvements on adjacent property located within one hundred feet of the subdivision or site boundary.

(e) Name and address of record owner or owners, subdivider, and registered engineer or licensed land surveyor who prepared the map or drawing.

(f) Locations, names, widths, centerline radii and centerline slopes of all streets, highways and other ways in the proposed subdivision or site.

(g) Number of lots, dimensions of the lots, including frontage, depth, and area in square feet.

(h) Five-foot contours to describe area. Bench marks shall be on County datum.

(i) Location, character, and recording information of all existing easements for drainage, sewage, or public utilities, together with all building and use restrictions applicable thereto, and the approximate locations of all proposed easements for drainage, sewage, or other public utilities.

(j) Existing use or uses and the zoning district or districts of the property and proposed use or uses.

(k) Transfers of adjacent or related property owned by the record owners or subdivider or their predecessors in interest made within the last preceding five years.

(l) Location of all creeks, streams and other water courses delineated on the map or drawing, showing top of existing banks and creek depth, with separate sheet showing cross-section of all such creeks, streams, and water courses.

(m) All provisions for domestic water supply which are proposed by the subdivider, including source, quality and approximate quantity expressed as gallons per minute.

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(n) All provisions for sewage disposal, storm drainage and flood control which are proposed by the subdivider. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program as defined in the Zoning Code.

(o) Existing wells, active or abandoned, and disposition proposed.

(p) Public or common green area proposed, if any.

(q) Statement of tree planting.

(r) Statement of street lighting plan, if any.

(s) Statement of the improvements proposed to be constructed or installed and of the time when such improvements shall be installed and the date of their anticipated completion.

(t) Site development plan in accord with Section 14-25.100.

(u) The approximate distance to and location of the nearest sanitary sewer main line.

(v) Location of existing protected trees, as defined in Article 15-50.050, and any trees within five feet of proposed improvements, including outline, centers, and species.

(w) Preliminary geologic and soils reports as described in Section 14-20.020 of this Article, unless such reports have already been furnished prior to the filing of the application; provided, however, where the slope of the proposed subdivision does not exceed ten percent, the Community Development Director shall require such report to be submitted with the improvement plans for the subdivision or site as part of the application for building permit; provided, further, that the Community Development Director shall waive the requirement of a preliminary soils report if the Director determines that, due to the information in a prior soils report reviewed without objection by the City's consulting geologist as to the soil qualities of the site, no such preliminary soils report is necessary; and provided, further that if the Community Development Director finds that no undue hazard of surface fault rupture exists because the Ground Movement Potential Map, described in Section 16.65.020 of this Code, depicts that the site is entirely within the SBR, SLS, or Sun Zones and is also entirely outside of any liquefaction hazard zone and zone of potential primary surface fault rupture, then the geologic report on the hazard shall be waived.

(x) [Reserved]

(y) A preliminary title report issued not more than one hundred twenty days prior to the date of filing the application by a reputable title company doing business in the County, issued to or for the benefit of the City and showing all parties having any interest in the land to be subdivided. In addition, an updated title report shall be provided at the time the subdivision map is finalized.

(z) If the subdivider requests that vesting tentative map approval be granted, the proposed map shall have printed conspicuously on its face the words "Vesting" Tentative Map."

(aa) A scale drawing of the surrounding area for a distance of at least five hundred feet from each boundary of the proposed subdivision, indicating the names and last known addresses of the owners of all property located within five hundred feet of such boundaries, as shown in the latest available assessment roll of the County.

(bb) A study of projected traffic within and on streets where the project adds at least twenty new peak hour trips from the proposed subdivision, sufficient to determine whether intersections meet the warrants for traffic signals as set out in California Manual of Uniform Traffic Control Devices (MUTCD).

(cc) Reports addressing soil and/or groundwater contamination that meet the following conditions:

(1) Phase I ESA. Retain the services of a qualified environmental consultant with experience preparing Phase I Environmental Site Assessments (ESAs) to prepare a Phase I ESA in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527-13 (ASTM 1527-13) and in accordance with the U.S. Environmental Protection Agency's (EPA's) Standards and Practices for All Appropriate Inquiries (40 Code of Federal Regulations 312), published November 2005, as subsequently revised, supplemented, or replaced. If the Phase I ESA does not identify any Recognized Environmental Conditions (RECs), as defined in ASTM E 1527-13, associated with the site, then no further action is needed. If the Phase I ESA identifies RECs, then a Phase II ESA shall be prepared as described in the following section.

(2) Phase II ESA. A Phase II ESA shall be prepared by a qualified environmental consultant and signed and stamped by a Professional Geologist or Profes-

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sional Engineer hired by the project applicant. The Phase II ESA shall include the collection and analysis of samples designed to evaluate RECs identified in the Phase I ESA, in compliance with ASTM standards, and a health risk assessment to evaluate whether the RECs pose an unacceptable health risk to future users of the site. Depending on the health risks identified in the Phase II ESA, the project applicant shall proceed as follows:

(A) If the Phase II ESA identifies no unacceptable health risk associated with the RECs, then no further action is needed.

(B) If the Phase II ESA identifies an unacceptable health risk, the requirements related to soil remediation in Section 14-20.040(x)(4) shall apply.

(3) Focused Phase I and II ESAs. Projects that are on sites which are known to have current or former orchards or other irrigated agricultural activities that were active in 1950 or later are assumed to contain RECs associated with organic pesticides and are required to prepare a Focused Phase I ESA that addresses only RECs other than those associated with organic pesticides. Depending on the contaminants found in the Focused Phase I ESA, the project applicant shall proceed as follows:

(A) If the Focused Phase I ESA identifies no other unacceptable health risks, then the project applicant shall prepare a Focused Phase II ESA that addresses only the potential hazards associated with organic pesticides.

(B) If the Focused Phase I ESA identifies RECs other than organic pesticides, then the project applicant shall prepare the Phase II ESA as described in Section 14-20.040(x)(2) to address both the organic pesticides RECs and all other RECs.

(4) Soil Remediation Required. If a Focused or other Phase II ESA, as required pursuant to Section 14-20.040(x)(2) or (3), identifies an unacceptable health risk, the project applicant shall, as appropriate to the contaminant or contaminants, contact one or more of the Environmental Protection Agency (EPA), Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB) or local Certified Unified Program Agency (CUPA), as determined by the City. The project applicant shall enter into a regulatory agency oversight program, or an established voluntary oversight program alternative, with the appropriate regulatory agency or agencies, and follow the

regulatory agency's recommended response actions until the agency reaches a no further action determination, prior to issuance of any permit for a project that allows ground disturbing activity.

In addition to the foregoing, the Community Development Director shall require the subdivider to submit such additional maps, documents, information, and materials necessary for the review, processing, and evaluation of the proposed tentative map approval in order to demonstrate compliance with the application requirements. It is the applicant's burden to fully comply with all application requirements. If any such additional maps, documents, information, or materials are required, the Director shall so advise the subdivider in writing within thirty days from the filing of the application.

(Ord. No. 398, § 1(Att.), 12-20-2023; Ord. No. 413, § 1(Exh. A, § 18, 11-5-2025)

(a) Distribution. Upon receipt of the application and acceptance thereof as being complete, the Community Development Director shall distribute the map or site drawing and accompanying documents to the following persons and agencies:

(1) One digital copy to the Health Officer;

(2) One digital copy and two hard copies to the Public Works Department;

(3) One digital copy to the Santa Clara Valley Water District;

(4) One digital copy to the sanitation district having jurisdiction over the property;

(5) One digital copy to the fire district having jurisdiction over the property;

(6) One digital copy to such utility companies as are or will be providing service to the property;

(7) One digital copy to each school district having jurisdiction over the property;

(8) One digital copy to the State Department of Transportation, if required.

(b) Departmental reports. Upon receipt of the map or drawing and other documents, each of said persons and agencies shall make an investigation and written report to the Planning Commission, setting forth any recommended conditions. The Community Development Director shall also cause a written staff report to be prepared and submitted to the Planning Commis-

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sion and shall furnish the subdivider with a copy of such report not later than three days prior to any hearing on the application to be conducted by the Planning Commission. The reports referred to herein shall include, but need not be limited to, the following:

(1) Health Department report. The Health Officer shall determine adequate health protection, and shall investigate the lot size, the sewage disposal system and the domestic water supply system and shall render a report setting forth whether the same meet the health and safety standards prescribed by the Department and whether the proposed design, improvement, or use would violate any health laws, ordinances or regulations, State or local.

(2) Engineer's report. The City Engineer shall determine whether the lot or lots, streets, and overall drainage in the subdivision will meet the following requirements:

(A) That the intended use does not interfere with the natural drainage of surface water from the land constituting and surrounding the intended lot or lots, without adequate drainage thereof;

(B) That the intended structures and improvements to be constructed upon said lot or lots will be adequately supported by the surface and subsurface soil so there will be no hazard to occupants and property therein;

(C) That the intended use will not create an unreasonable risk and hazard to adjoining persons or property by reason of fire, flood, sedimentation, landslide, or other calamity; the proposed lot or lots, and their proposed use, shall not create an unreasonable traffic hazard.

(D) That existing infrastructure is adequate to serve the proposed development without diminution of service to existing uses.

The City Engineer shall recommend to the Planning Commission any improvements and/or conditions of development to be constructed or implemented by the subdivider in order to ensure that the subdivision meets the requirements above. These recommendations shall include specification of the date or time period by which those improvements and/or conditions should be completed or implemented as appropriate. The City Engineer shall

consult with the Public Works Director on any public improvements and jointly develop requirements and conditions for the subdivision.

(3) Water district report. The City Engineer shall request the Santa Clara Valley Water District to investigate the proposed subdivision for drainage and flood control factors, and to report upon whether any substantial flooding hazard would be created by the development and any recommended conditions relative to flood control and storm drainage solutions. Such request shall be accompanied by a copy of the proposed grading plan, if any.

(4) Fire district report. The City Engineer shall request the fire district providing fire protection service to the subdivision to investigate and make a recommendation concerning the number and placement of fire hydrants and other fire protection requirements for the proposed subdivision, including standards and configurations for private driveways to serve structures to be set back from the closest contiguous street a distance greater than one hundred feet.

(5) Other departmental reports. The sanitation district providing sanitary sewer service to the subdivision, any affected utilities, the Department of Transportation and school districts serving the subdivision, may report to the Planning Commission as to any recommended conditions or provisions which in their opinion would be necessary to meet objective standards in these agencies' codes, regulations, or written policies.

(6) Community Development Department report. The City Community Development Department shall determine and report on whether the proposed design and improvement of the subdivision is consistent with the General Plan and any applicable specific plans which affect the property, and all applicable zoning regulations, and shall determine any conditions that the subdivision must meet in order to ensure such consistency. The Planning Department report shall either summarize, or incorporate by reference, all the other departmental reports received as hereinabove specified, including any determination by the City Engineer that geotechnical clearance is necessary, and shall indicate documentation required pursuant to the California Environmental Quality Act (Public Resources Code

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sections 21000 et seq.). The report shall itemize all conditions that reviewing agencies identify as necessary to meet the relevant standards. (Ord. No. 398, § 1(Att.), 12-20-2023)

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The Planning Commission shall conduct a public hearing on the application. Notice of the hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to the subdivider and to all persons whose names appear on the latest available assessment roll of the County as owning property within five hundred feet of the boundaries of the subdivision which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (Ord. No. 398, § 1(Att.), 12-20-2023)

(a) Within fifty days after the later of the following (1) the acceptance of the application as complete and, if applicable, (2) the certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, unless such time is extended by mutual consent of the Planning Commission and the subdivider, the Planning Commission shall approve, conditionally approve, or disapprove the application for tentative map approval. If the City Engineer has identified conditions or improvements required to ensure the development of the subdivision meets the requirements of Section 14-20.050(b)(2), any approval by the Planning Commission shall incorporate such improvements and/or conditions. The Planning Commission shall report its action to the subdivider. A copy of said report shall be kept on file in the City offices for a period of not less than five years, and in all events, until final acceptance of construction of improvements and the termination of the 'subdivider's responsibility to maintain such improvements.

(b) The Planning Commission shall not approve any tentative map if it makes any of the following specific findings:

(1) That the proposed map is not consistent with the General Plan and any applicable specific plan.

(2) That the design or improvement of the proposed subdivision is not consistent with the General Plan and any applicable specific plan.

(3) That the site is not physically suitable for the type of development proposed.

(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.

(6) That the design of the subdivision or type of improvements is likely to cause serious public health problems.

(7) That the design of the subdivision or type or 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 grant tentative approval 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 the Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

l 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 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) That a proposed subdivision of land which is subject to a contract executed pursuant to the California Land Conservation Act of 1965 (The "Williamson Act") will result in the creation of parcels of insufficient size to sustain their agricultural use, except as otherwise provided in Government Code Section 66474.4.

(9) 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 State regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the State Water Code.

(10) That the City Engineer has not found that the subdivision as proposed meets the requirements of Section 14-20.050(b)(2) nor identified conditions or improvements that would ensure the development of the subdivision meets the requirements of that section. (Ord. No. 398, § 1(Att.), 12-20-2023)

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(a) An approved or conditionally approved tentative subdivision map approval shall expire twenty-four months from the date on which the Planning Commission, or the City Council on appeal, granted its approval or conditional approval, unless otherwise extended by the Map Act or other state law.

(b) An extension of the expiration date may be granted by the Planning Commission for a period or periods of time not exceeding thirty-six months. The application for extension shall be filed prior to the expiration date, and shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the City Council. A public hearing shall be conducted on the request for extension and notice thereof shall be given in the same manner as prescribed in Section 14-20.060 of this Article. Extension of tentative map approval is not a matter of right and the Planning Commission may deny the application.

(Ord. No. 398, § 1(Att.), 12-20-2023)

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14-25.030