Chapter 19.10 — TENTATIVE MAPS; PROCEDURES

This chapter pertains to tentative parcel maps and tentative tract maps. (Ord. 780 § 2, 1996)

Tentative maps shall be filed with the director who shall accept such maps only when the director determines that the requirements for filing a tentative map established by this code and the Subdivision Map Act have been satisfied. The date a tentative map is filed shall be the date it is accepted as complete by the director. Each tract or parcel map shall be identified by a number issued by the county and prominently displayed on the face of the map. (Ord. 780 § 2, 1996)

• A. Where a local agency has filed a territorial map with the director pursuant to the Subdivision Map Act, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to said local agency within three days of the date the tentative map is filed.

• B. When the State Department of Transportation has filed with the city council a map of territory within one mile on either or both sides of any state highway routing pursuant to the Government Code , the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the Department of Transportation within three days of the date the tentative map is filed.

• C. Within three days of the date a tentative map is filed, the director shall give notice of the filing to the governing boards of the school district or districts within which the proposed subdivision is located pursuant to the Government Code .

• (Ord. 780 § 2, 1996)

The subdivision committee shall act upon a tentative map within the time specified in the Subdivision Map Act unless:

• A. An extension of time for action is mutually consented to by the subdivider and the subdivision committee, in which case the map shall be acted upon within the time agreed upon; or

• B. The subdivider withdraws the map. (Ord. 780 § 2, 1996)

Reports and recommendations on tentative maps shall be in writing and shall be provided to the subdivider at least three days prior to the date action on the map is scheduled, provided that a subdivider:

• A. May waive this requirement; and

• B. May consent to the receipt by the subdivision committee of additional recommendations, and provided further that a subdivider shall be deemed to have consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the subdivision committee takes action on the tentative map.

• (Ord. 780 § 2, 1996)

Each tentative map shall be reviewed by the subdivision committee, which shall approve, conditionally approve, or disapprove the tentative map. (Ord. 780 § 2, 1996)

A revised tentative map may be submitted at any time prior to action on the map by the subdivision committee. The time for action on a tentative map as specified in Section 19.10.040 shall begin anew upon the acceptance by the director of a revised tentative map. (Ord. 780 § 2, 1996)

The subdivision committee shall act on tentative maps at regularly scheduled meetings or duly noticed special meetings when the matter has been duly placed upon the committee's agenda. Public hearings shall be required for the consideration of tentative maps. At a public hearing, the subdivision committee shall allow all interested persons an opportunity to address the subdivision committee on any matter pertaining to a proposed subdivision. (Ord. 780 § 2, 1996)

• A. Notice of the public hearing required by Section 19.10.080 for a decision to approve, conditionally approve, or disapprove a tentative map or tentative parcel map shall be given in all of the following ways:

  1. Notice of the hearing shall be published one time in at least one newspaper of general circulation within the city's jurisdiction at least ten days prior to the hearing.

  2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

  3. Notice of the hearing shall be mailed or delivered at least ten days prior to the 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 and services may be significantly affected.

  4. Notice of hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection 1A is greater than one thousand, the city, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

• B. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the city shall also give notice by United States mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard. The requirements of this subdivision may be satisfied by service of the notice in compliance with the requirements for service of legal process by mail.

• C. All notices published or mailed pursuant to this section shall include the date, time and place of the public hearing, the identity of the subdivision committee, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. At least ten days prior to the public hearing regarding the proposed tentative map, notice of the hearing shall be mailed to all persons shown in the latest equalized assessment roll as owning property within three hundred feet of the property proposed to be subdivided.

• (Ord. 780 § 2, 1996)

• A. The subdivision committee shall not approve or conditionally approve a tentative map which does not conform with applicable general plan and zoning except as provided in subsection B below.

• B. A tentative map may be approved when it conforms with zoning which has been formally introduced by way of ordinance, resolution or motion with published notice so long as the general plan and zoning become effective prior to recordation of the final tract or final parcel map.

• C. A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of site development standards.

• (Ord. 780 § 2, 1996)

A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the subdivision committee makes the following findings:

• A. The proposed map is consistent with the city's general plan;

• B. The design and improvement of the proposed subdivision is consistent with the city's general plan;

• C. The site is physically suitable for the proposed type of development;

• D. The requirements of the California Environmental Quality Act have been satisfied;

• E. The site is physically suitable for the proposed density of development;

• F. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat;

• G. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems;

• H. The design of the subdivision and the proposed improvements will not conflict with easements of record or established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision; or, if such easements exist, 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;

• I. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to Section 19.10.090 .

• (Ord. 780 § 2, 1996)

• A. The subdivision committee shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in or add to a violation of existing requirements prescribed by the Santa Ana Regional Water Quality Control Board. In the event it is determined that the proposed waste discharge would result in or add to such a violation, the subdivision committee shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.

• B. In the event a subdivision fronting upon the coastline or shoreline or upon a public waterway, river, or stream, or upon a lake or reservoir owned in part or entirely by a public agency does not provide public access to such public resources through the subdivision itself in accordance with requirements of Sections 19.12.240 and 19.12.250 , the subdivision committee shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.

• C. If the subdivision committee approves or conditionally approves a tentative map which deviates from any standard of design as allowed by Section 19.12.280 , the committee shall make a finding or findings that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.

• (Ord. 780 § 2, 1996)

Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the subdivision committee. In all cases, the director shall attempt to notify any third parties who had previously indicated an interest in the matter, i.e., the proposed subdivision, of the subdivision committee's scheduled consideration of the modification. Modifications shall be covered by the subdivision committee in the same manner, and in accordance with the notice requirements, where applicable, as set forth in Section 19.10.085 herein. (Ord. 780 § 2, 1996)

• A. In accordance with Government Code Section 66452.6 , an approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to extend said map, or, if the subdivider is required to expend one hundred twenty-five thousand dollars or more to finance public improvements outside the boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundaries of the property to be subdivided and which are reasonably related to the development of the property, as set forth in Government Code Section 66452.6 .

• B. The subdivision committee may grant an extension of time for any map for a period or periods not exceeding a total of three years beyond the original date of expiration.

• C. In accordance with Government Code Section 66452.11 , if an approved tentative map had not expired on September 13, 1993, the life of the tentative map shall be extended for twenty-four months.

• D. An extension may be granted only where it will not result in conditions or circumstances contrary to the public health, safety, or the general welfare.

• E. Denial of a request for extension may be appealed by the subdivider to the city council pursuant to Chapter 20.615 of the Stanton Municipal Code.

• (Ord. 780 § 2, 1996)

Except as provided in Section 19.10.130 , any interested person may appeal to the city council from any action of the subdivision committee with respect to a tentative map by filing an appeal in accordance with Chapter 20.615 of the Stanton Municipal Code. (Ord. 780 § 2, 1996)