Shasta County Municipal Code Ch. 15.08 Tentative Maps

A. Except as provided in Chapter 15.20, a tentative map is required for all subdivisions and shall show or be accompanied by such information, documents and data as the Map Act and this chapter may require. Application for approval of a tentative map or vesting tentative map shall be made to the department.

B. Any conveyance of land to a governmental agency, public agency or public utility shall not be considered a division of land for purposes of computing number of parcels.

C. No application for approval of a tentative map or vesting tentative map shall be accepted as complete unless and until the required fee and all required maps, documents and information are submitted to and accepted by the department. Every application shall include sufficient information to permit the determination of whether an environmental impact report, mitigated negative declaration or negative declaration is required under California Environmental Quality Act (CEQA).

D. The director may require an applicant to waive in writing the time limits of Chapter 3 (commencing with Government Code Section 66451) of the Map Act for the purpose of permitting concurrent processing of related approvals on the same development project.

E. Within thirty days after receiving the application and related information, the department shall determine in writing whether the application is complete and the director shall cause that determination to be transmitted to the applicant or his agent. Failure of any applicant to respond, within thirty days of mailing, to any request to clarify, amplify, correct or otherwise supplement the application so as to make it complete shall be deemed an abandonment by the applicant of the proposed land division and no further action shall be taken on it unless a new application is first made.

(Ord. 97-3 § 2 (part), 1997: Ord. 494-330 § 3, 1987: prior code § 4210)

A. Tentative or vesting tentative maps shall be eighteen inches by twenty-six inches in size and shall be drawn to a scale of not less than one inch equals one hundred feet, or one centimeter equals ten meters, unless the director determines that an alternate scale will permit presentation of map data of acceptable completeness and clarity. The tentative map or vesting tentative map submittal shall also contain all information listed on the tentative map application completeness checklist, prepared pursuant to Government Code Section 65940 et seq. Tentative maps or vesting tentative maps shall be prepared by a registered civil engineer, licensed land surveyor, or professional land use planner, except as expressly permitted by state law.

B. A tentative map or vesting tentative map and the application for approval of it shall contain such information and be submitted in such quantities as required by the tentative map application completeness checklist referred to in this section.

C. An environmental analysis, prepared pursuant to provisions that the board of supervisors may establish for administration of the CEQA, shall be prepared for each tentative map or vesting tentative map.

(Ord. 97-3 § 2(part), 1997: prior code § 4211)

When an application is received, the director shall forthwith transmit copies of the map and related documents to the county fire department, the department of public works and to other county departments and referral agencies as the director determines appropriate.

(Ord. 97-3 § 2(part), 1997: prior code § 4212)

All applications shall be reviewed pursuant to and for compliance with the CEQA under procedures established by resolution of the board of supervisors. Mitigation measures recommended pursuant to the CEQA review shall be transmitted to the applicant and to the secretary of the appropriate advisory agency and shall be included in any staff report prepared for an advisory agency or board of supervisors.

(Ord. 97-3 § 2(part), 1997: prior code § 4213)

A. Each referral agency shall review and study each application and shall prepare his or her department's recommendations thereon, including proposed conditions for approval, recommendations for modifications or a recommendation for denial. A recommendation for denial shall include the reasons for that recommendation. If any referral agency finds that an application contains insufficient information to allow preparation of his or her recommendation, he or she shall promptly advise the director provide the applicant with a notice of incompleteness pursuant to the provisions of Section 15.08.010(E).

B. Any referral agency may request that the director schedule a meeting if he or she deems a meeting to be necessary or convenient for the proper review of any application. Any referral agency may request an applicant to attend the meeting, whether in person or by an agent familiar with the technical aspects of the application.

C. The recommendations of the referral agencies shall be forwarded to the director, acting in his or her capacity as secretary of the appropriate advisory agency. Whenever an advisory agency may consider both an environmental determination and action on the related tentative map or vesting tentative map at the same meeting of the agency pursuant to Section 15.08.060(D), the CEQA and referral agency recommendations shall be consolidated into a single staff report.

D. Prior to scheduling a tentative map or vesting tentative map for public hearing, proposed mitigation measures of the CEQA determination shall be sent to the applicant for review and acceptance in accordance with CEQA regulations.

E. A copy of any staff report shall be furnished to the applicant or his agent at least three days prior to the meeting of the advisory agency at which the CEQA determination or the tentative map or vesting tentative map will be considered.

F. The department shall forward the tentative map for a land project to the state office of intergovernmental management prior to referral of the map to the advisory agency.

G. The director upon recommendation of the referral agencies may approve, conditionally approve or disapprove property line adjustments, subject to provisions of Chapter 15.20.

(Ord. 97-3 § 2(part), 1997: prior code § 4214)

A. Upon receipt of the staff report, the secretary of the advisory agency shall schedule the application for review by the agency at its next available regular meeting.

B. The advisory agency shall review the application and related documents. If a negative declaration or mitigated negative declaration has been prepared, the agency shall review it and may adopt it or require preparation of an environmental impact report (EIR). If an EIR has been prepared, the agency shall review it and may certify it as complete or refer it back to county staff and the applicant, or his agent, for such amendment, revision or additional information as the agency may specify. The agency may, but is not required to, schedule a public hearing on any negative declaration, mitigated negative declaration or EIR.

C. After acceptance of an application as complete pursuant to Section 15.08.010 and either adoption of a negative declaration, mitigated negative declaration or certification of an EIR, the tentative map or vesting tentative map shall be filed with the secretary of the advisory agency. The secretary shall set the map and application for hearing at the next regular meeting of the agency for which timely notice can be given. The date of filing of the tentative map or vesting tentative map shall be the date of the consideration of or hearing on the map by the agency.

D. Notwithstanding subsection C of this section, an advisory agency may hold a hearing and act upon a tentative map or vesting tentative map at the same meeting at which it considers a negative declaration, mitigated negative declaration or an EIR pursuant to subsection B of this section; provided, that any notice required by law for the hearing has been given.

(Ord. 97-3 § 2(part), 1997: prior code § 4215)

The advisory agency shall hold a public hearing on each tentative map or vesting tentative map. Notice of the hearing shall be given as provided in the Map Act and as directed by the board of supervisors by resolution. Any interested person may appear at the hearing and be heard. Failure of any person to receive the notice shall not invalidate any action taken on a tentative map or vesting tentative map.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 A)

The advisory agency may approve, conditionally approve to the full extent permitted by law, or disapprove tentative maps or vesting tentative maps and may waive the filing of a parcel map pursuant to Chapter 15.12; provided, that prior to the approval, conditional approval or waiver, the advisory agency determines that the tentative map or vesting tentative map complies with applicable provisions of state law, this chapter, the zoning plan, the development standards, and with good planning and engineering practices. The advisory agency shall also consider any measures, consistent with state law and county policy, that will promote and protect the public health, safety, comfort, convenience and general welfare.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 B)

The advisory agency shall not approve a tentative map or vesting tentative map if it makes any finding or determination which prohibits approval under Government Code Sections 66473, 66473.5, 66474, 66474.01 and 66474.2. If the advisory agency finds that the waste discharge from a proposed subdivision into a community sewer system would result in or add to a violation of existing waste discharge requirements of the regional water quality control board, it may disapprove the tentative map or vesting tentative map.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 C)

A. The advisory agency may, to the full extent permitted by law, require as a condition of approval of a tentative map or vesting tentative map that interests in real property be dedicated, irrevocably offered for dedication or reserved for public purposes, including but not limited to those set forth in Government Code Sections 66475 through 66482.

B. The amount of land required to be dedicated or irrevocably offered for dedication for park or recreational purposes shall not exceed one acre per one hundred lots or fraction thereof. In combination with or in lieu of such dedication or offer of dedication, the advisory agency may require payment of a fee for park and recreational purposes, in an amount established by a resolution of the board of supervisors.

C. The advisory agency may require that any dedication or offer of dedication of a street include a waiver of direct access rights to any such street from abutting property.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 D)

Every approved tentative map or vesting tentative map shall be conditioned on compliance with requirements for grading and erosion control, including prevention of sedimentation or damage to off-site property, as set forth in this code and the development standards.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 E)

A. The advisory agency shall act on a tentative map or vesting tentative map within fifty days after certification of an EIR, adoption of a negative declaration or mitigated negative declaration, or a determination by the agency that the project is exempt from CEQA requirements, unless the time period is extended by mutual consent of the subdivider and the agency, or a waiver of time limits has occurred in accordance with Section 15.08.010.

B. No application for a tentative map or vesting tentative map may be disapproved to allow the agency to comply with the time limits specified in this section, unless there are reasons for disapproval other than the failure of the agency to act in a timely manner.

C. The provisions of subsections A and B of this section shall apply to any amended application refiled with the advisory agency.

(Ord. 97-3 § 2(part), 1997: prior code § 4216 F—H)

A. A tentative map or vesting tentative map shall be disapproved or deemed to be disapproved if any of the following findings are made, or in the case of inaction on the tentative map or vesting tentative map within the time required for action, any of the following circumstances exist:

1. The tentative map or vesting tentative map, together with the provisions for its design and improvement, is not consistent with the general plan or any adopted specific plan (Government Code Section 66473.5);

2. The proposed subdivision, when considering its potential effect on the housing needs of the region, and balancing these needs against the public service needs of its residents and available fiscal and environmental resources, is inappropriate or premature (Government Code Section 66412.3);

3. The design of the subdivision for which a tentative map is required does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivisions (Government Code Section 66473.1);

4. The site is not physically suited for the proposed type or density of development (Government Code Section 66474 (c) and (d));

5. The design or proposed improvements are likely to cause substantial environmental damage, or substantially and avoidably injury fish, wildlife or their habitats, or cause serious public health problems, except as provided in Government Code Section 66474.1(e);

6. The design or types of improvements of the subdivision will conflict with public easements for access through, or use of, property within the proposed subdivision, unless acceptable alternative public easements will be provided as determined by the decision-making body (Government Code Section 66474(g));

7. The only practical use of the property included in the proposed subdivision is a use prohibited by law, or the map does not comply with this chapter, the Subdivision Map Act, other applicable provisions of law or with accepted planning or engineering standards;

8. Required rezoning, to allow the type or density of development proposed, has not been finally adopted by the board of supervisors, except as provided in Government Code Section 66474.2, for a tentative map application;

9. The land is subject to a contract entered into pursuant to the California Land Conservation Act (commencing with Government Code Section 51200), and the resulting parcels would be too small to sustain their agricultural use (Government Code Section 66474.4);

10. There is insufficient information upon which to approve the tentative map or vesting tentative map based on the application submitted.

B. The director shall, by providing a copy of the advisory agency resolution denying the project, advise the applicant or his/her agent of the deficiencies upon which the disapproval is based.

(Ord. 97-3 § 2(part), 1997: prior code § 4217)

A. Any interested person may appeal any decision of an advisory agency on the merits of a tentative map or vesting tentative map, or any finding in support of a decision, to the board of supervisors within ten days of the decision.

B. The appeal process is as follows:

1. An appeal is initiated by filing a notice of appeal with the clerk of the board of supervisors. A notice of appeal shall identify by number the map which is the subject of the appeal; shall state the action, finding or determination of the advisory agency, and the date thereof, from which the appeal is taken; and shall specifically set forth the grounds upon which the appeal is based. No appeal shall be deemed to be filed unless any required filing fee is paid to the clerk of the board of supervisors.

2. The clerk of the board of supervisors shall furnish copies of the notice of appeal to each county supervisor, the director, the director of public works, county counsel and the subdivider.

C. The filing of an appeal does not stay the decision appealed. When approval or conditional approval of a map is appealed, the board may stay the decision pending determination of the appeal if, in the board's opinion, a stay is in the public interest.

D. If an appeal is filed, the following procedures apply:

1. If the board sets the appeal for hearing, notice shall be given by the clerk of the board of supervisors to the same persons and in the same manner as notice was given for the hearing before the advisory agency. Any interested person may appear at the hearing and be heard;

2. The board may dismiss any appeal at any time for failure of the appellant to comply with subsections A or B of this section;

3. The board may at any time refer an application back to the advisory agency for further proceedings if it appears that matters will be raised or evidence presented before the board which was not considered by or presented to the agency.

E. The record on appeal shall consist of a copy of the tentative map or vesting tentative map and all related documents; the environmental assessment, including any environmental impact report (EIR) if one has been prepared; staff reports and recommendations; the minutes of the proceeding before the advisory agency, including a summary of all testimony received by the agency; and all documentary, pictorial or other physical evidence received into evidence by the advisory agency. The original of the record on appeal and an appropriate number of copies of those portions of the record which are reproducible shall be filed by the director with the clerk of the board of supervisors within ten working days of the date the notice of appeal is filed.

F. If an appeal is set for hearing, the following procedures apply:

1. The board of supervisors shall review the grounds upon which the appeal is based, the record on appeal and any additional relevant information received at the hearing before for the appeal to determine whether the advisory agency exceeded its authority, whether there was a fair hearing before the agency or whether the agency abused its discretion and the appellant was prejudiced by such abuse.

2. Each appellant and the subdivider may appear at any hearing under this section and shall be heard. The board may, in its discretion, conduct a full or partial hearing de novo. Unless specifically authorized by the board, any hearing shall be limited to the grounds specifically stated in the notice of appeal. The board may by resolution adopt procedural rules it deems appropriate or convenient for conducting hearings under this section.

3. When the board finds that the evidence supports any finding or determination which prohibits approval under Section 15.08.130, the board shall not affirm an approval or reverse a denial of approval of a tentative map or vesting tentative map, unless appropriate conditions sufficient to overcome all such findings are imposed.

4. The board may continue any hearing under this section to a specific time, date and place.

5. The board may sustain, modify, reject or overrule any action of the advisory agency which has been appealed and may, in its discretion, refer any application back to the advisory agency for further review and report.

G. If the board determines that a further hearing should be held before the advisory agency, it may, with the applicant's consent, dismiss the appeal without prejudice and refer the application to the secretary of the agency for refiling pursuant to Section 15.08.060.

(Ord. 97-3 § 2(part), 1997: prior code § 4218)

Upon application of the subdivider, an approved tentative map or vesting tentative map or its conditions of approval may be modified by the advisory agency if it finds that there are changes in circumstances which justify the modifications. The provisions of this chapter for review of and action on tentative maps or vesting tentative maps shall apply to any proposed modification, but the hearing before the advisory agency or board of supervisors shall be confined to consideration of and action on the proposed modifications and related conditions of approval as may be appropriate. Modification of an approved tentative map vesting tentative map, or conditions of approval by the advisory agency or board of supervisors shall not extend the time limits imposed by Section 15.12.020.

(Ord. 97-3 § 2(part), 1997: prior code § 4219)

A. Prior to the expiration of an approved tentative map or vesting tentative map and in lieu of filing a new map application, a subdivider may file with the department an application for an extension of time on the tentative map or vesting tentative map. An extension of time may be approved, conditionally approved or denied by the advisory agency. The provisions of this chapter for review of an action on new tentative maps shall apply to any proposed extension of time, but the hearing before the advisory agency or board of supervisors shall be confined to consideration of and action on the proposed extension, including whether and for how long to grant the extension.

B. The period of any extension that may be granted shall be set by the advisory agency consistent with Government Code Section 66452.6, and shall run from the date of expiration of the tentative map or vesting tentative map. More than one extension of time may be granted, but the total of all extensions shall not exceed five years.

C. Any interested person may appeal a decision made under this section to the board of supervisors. The appeal shall be made pursuant to and shall be subject to the provisions of Section 15.08.140, except that it shall be filed within fifteen days of the decision.

(Ord. 97-3 § 2(part), 1997: prior code § 4235)