§ 12.16

The form and contents, submittal, and approval of tentative subdivision maps for five (5) or more parcels are governed by this chapter.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.101)

The tentative subdivision map shall be prepared in a manner acceptable to the Department and the City Engineer and shall be prepared by or under the direction of a registered civil engineer. The tentative subdivision map shall be clearly and legibly drawn on one or more sheets, not larger than twenty-four (24) by thirty-six (36) inches, and contain not less than the following:

(a)

A title that contains the tract number, subdivision name, and type of subdivision;

(b)

Name, address and signature of legal owner, subdivider, and person preparing the map, including registration number, seal and expiration date;

(c)

Sufficient legal description to define the boundary of the proposed subdivision (either on the map or as a separate document, as determined by the City Engineer);

(d)

The names, locations, and tract numbers of adjacent subdivisions and the names of owners of adjacent unplatted land;

(e)

Date of map preparation and any revisions, north arrow, scale, contour interval, and source and date of existing contours;

(f)

A statement of present general plan designation, zoning classification and of existing and proposed uses of the property as well as any proposed general plan and/or zoning changes, whether immediate or future;

(g)

A vicinity map showing roads, adjoining subdivisions, and other data sufficient to locate the proposed subdivision and show its relation to the community;

(h)

Existing topography of the proposed site and 100 feet beyond its boundary (or more, if required by the City Engineer), and proposed changes in topography. The contours of the land shall be shown at intervals of not more than five (5) feet, (or of not more than two-foot intervals where the slope of the land is more than ten (10) percent) to adequately reflect current conditions, or as otherwise approved by the City Engineer;

(i)

Type, circumference and dripline of existing non-production trees with a trunk diameter of ten (10) inches or more, measured twenty (24) inches above existing grade. If the property includes more than fifty (50) nonproduction trees, the Community Development Director may permit the applicant to submit an aerial photograph instead. A production tree is one that produces fruit or nuts;

Any such non-production trees noted above proposed to be removed shall be so indicated. The subdivision shall be designed to attempt to save as many non-production trees as possible. Any recommendation to remove a tree due to structure and/or disease shall be supported by a report from a licensed arborist. In addition, the licensed arborist shall also make recommendations on methods of grading when the proposed grading occurs within twenty (20) feet of the dripline of any saved tree;

(j)

The location of existing structures identified by type, and an outline of the structures which will remain. Structures to be removed shall be so marked;

(k)

The approximate location of all existing and proposed areas subject to inundation or storm water overflow and the location, width, and direction of flow of each water course. The subdivision shall be designed to avoid development in the special flood hazard zone as defined by FEMA and Municipal Code Chapter 9.52;

(l)

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

(m)

The widths, location and identity of all existing easements;

(n)

The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated;

(o)

Proposed improvements to be shown shall include but not be limited to:

(1)

The location, size, preliminary design, and specifications for all on-site and off-site public and private facilities including on-site and off-site sewer, water, drainage, roads, and other on-site and off-site improvements and/or infrastructure. The preliminary road design shall include:

(i)

The location, approximate grade, approximate centerline radius, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown, and proposed private streets shall be clearly indicated. Street names (proposed) and street lights shall also be shown,

(ii)

The radius of all curb returns and cul-de-sacs,

(iii)

The location, width, and purpose of all easements,

(iv)

The angle of intersecting streets if such angle deviates from a right angle by more than four (4) degrees,

(2)

The proposed use of each lot, approximate lot layout, and the approximate dimensions of each lot. The subdivision shall be designed to avoid development on steep slopes exceeding twelve percent (12%) as measured by ten (10) foot contour intervals, unless a geotechnical report includes sufficient measures to insure slope stability and prevent erosion,

(3)

A typical plot plan for each type of proposed lot or lots showing conceptual house footprint, typical setbacks, dimensions and setbacks of all new structures (in addition to the house structure). At the applicant's request, the Community Development Director may waive this requirement if it has already been fully met under the City's P.U.D. zoning ordinance process,

(4)

Proposed recreation sites, trails and parks for private or public use,

(5)

Proposed common areas and areas to be dedicated to public open space,

(6)

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

(p)

Whether the subdivider plans to file multiple final maps under Government Code Section 66463.1;

(q)

The Department or the City Engineer may require other information as necessary to accomplish the purposes of the Subdivision Map Act and this title.

The City Engineer may waive any of the above tentative subdivision map requirements if requirement is not appropriate to the type of subdivision, or if other circumstances justify a waiver.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.102)

The tentative subdivision map and a completed application on approved forms shall be accompanied by the following data and reports.

(a)

Environmental review. Information shall be submitted as required by the Department to allow a

determination on environmental review to be made in accordance with the California Environmental Quality Act.

(b)

Street names. A list of potential street names for any unnamed street or alley for review by the Department.

(c)

Geotechnical reports. Three copies of a preliminary soils report and engineering geology report, unless this requirement is waived by the City Engineer, as provided by Section 12.16.040.

(d)

Title report. A preliminary title report, not more than six months old and acceptable to the City Engineer, showing the legal owners at the time of filing the tentative subdivision map.

(e)

Other reports. Any other data or reports deemed necessary by the Department.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.103)

(a)

A preliminary soils and/or geology report may be waived by the City Engineer (in consultation with the Chief Building Official), provided the City Engineer finds that, due to the knowledge the City has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge includes the nature, distribution, and strength of the existing soils, and the necessary grading procedures and design criteria for corrective measures, and the geology of the site and the effect of geologic conditions on the proposed development.

(b)

If the City Engineer has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the City Engineer. Such soils and/or geologic investigation shall address the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The City may approve the subdivision, or portion thereof, where soils or geologic problems exist if the City Engineer determines that the recommended actions provide for acceptable procedures and design criteria for corrective measures. A condition of the issuance of any foundation permit will require that the approved recommended action be completed and certified as having been done in compliance with the report and all other requirements of the grading ordinance.

(c)

Preliminary soils and/or geology reports shall be submitted before the City Engineer's approval of the improvement plans. Final reports shall be submitted before a building permit, indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall contain complete and sufficient field data to indicate full compliance with the preliminary report or subsequent progress report recommendations as they were applied to specific areas or improvements.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.104)

Each proposed public street that is a continuation of, or approximately the continuation of, any existing dedicated street shall be given the same name as the existing street. Where any such street forms a portion of any proposed street ordered by the council to be surveyed, opened, widened, or improved, and such street is shown on the final map, the name of such street shall be the same as the name contained in the order of the council. The words "Avenue," "Boulevard," "Place," "Way," "Court" or other designations of any street shall be spelled in full on the map, and such shall be approved by the City. All streets ending in a cul-de-sac shall be designated as "Courts." The use of the designations of "Via" and "Villa" are prohibited due to the inability to distinguish the difference on emergency radio operations.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.105)

The tentative subdivision map application shall be accepted as complete only when the map conforms to Section 12.16.020 and when all accompanying data or reports, as required by Section 12.16.030 and all fees and/or deposits as required by Section 12.16.070 have been submitted by the subdivider and reviewed and accepted by the Department. The Department shall consult with the engineering division before accepting an application as complete. The subdivider shall file with the Department the number of copies of tentative maps the Department deems necessary. The Department shall forward copies of the tentative map to the affected public agencies and utilities, and to those agencies described in Section 12.12.090, for their findings and recommendations.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.106)

12.16.070 - Planning Commission action.

(a)

Notice of public hearings. Once an application is accepted as complete, the Department shall set a date for a public hearing before the Planning Commission, provide notice as required by Section 12.16.070, and prepare a report with recommendations.

(b)

Planning Commission action. The Planning Commission shall approve, conditionally approve, or deny the tentative subdivision map, and the Department shall report the decision to the subdivider within fifty (50) days after the tentative subdivision map has been accepted as complete, or after complying with CEQA, whichever is later. The time period begins after certification of the environmental impact report, adoption of a negative declaration, or a determination by the City that the project is exempt under CEQA, all in conformance with Public Resources Code Section 21151.5.

(c)

Approval. The Planning Commission may approve or conditionally approve a tentative subdivision map if it makes all of the following findings.

(1)

The proposed map is consistent with the general plan, any applicable specific plan, and this title;

(2)

The site is physically suitable for the type of development;

(3)

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

(4)

The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Notwithstanding the foregoing, the Planning Commission may approve such a tentative subdivision map if an environmental impact report was prepared and approved and findings of overriding considerations are made in accordance with the CEQA):

(5)

The design of the subdivision or the type of improvements will not 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 alternative 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 applies 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;

(6)

Complies with all other applicable ordinances, regulations and guidelines of the City, including but not limited to the local floodplain ordinance (Municipal Code Chapter 9.52).

The Planning Commission shall consider the effect of its action 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, in accordance with Government Code Section 66412.3.

The Planning Commission may modify or delete any of the discretionary conditions of approval recommended in the Department's report, but shall not modify any non-discretionary conditions required by the Municipal Code, this title or related to public health and safety issues. The Planning Commission may add additional requirements as a condition of its approval.

If the map is approved, the subdivider shall, within three (3) months of the approval, submit a tentative map showing the conditions and changes as approved, insofar as they are conditions which affect the face of the map.

(d)

Denial. The Planning Commission may deny the tentative subdivision map on any of the grounds provided by the Subdivision Map Act or this title. The Planning Commission shall deny the tentative subdivision map

application if it makes any of the following findings:

(1)

The proposed map is inconsistent with the general plan, any applicable specific plan, the Municipal Code or this title;

(2)

The site is not physically suitable for the proposed type of development;

(3)

The site is not physically suitable for the proposed density of development;

(4)

The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(5)

The design of the subdivision or the type of improvements is likely to cause serious public health problems;

(6)

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.

(7)

Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a Williamson Act contract entered into pursuant to the California Land Conservation Act of 1965 (beginning with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain agricultural use.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.107)

The approval of a tentative subdivision map expires twenty-four (24) months from its approval, unless this time period is extended under Section 12.16.090.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.108)

(a)

Statutory extensions.

(1)

One hundred twenty-five thousand dollars ($125,000.00) or more of public improvements. If the subdivider is subject to a requirement of one hundred twenty-five thousand dollars ($125,000.00) or more to construct, improve or finance public improvements outside the tentative map boundaries (excluding public right-ofway improvements which abut the property), each filing of a phased final map extends the expiration of the tentative map by thirty-six (36) months, not to exceed a total of ten (10) years. The one hundred twenty-five thousand dollars ($125,000.00) amount shall be adjusted for inflation each year after 1990 as provided in Government Code Section 66452.6. (For purposes of this section "filing" of a final map is the date of the City Council meeting at which the Council receives the map.)

(2)

Development moratorium. The twenty-four (24) month period of time specified in Section 12.16.080 shall not include any period of time during which a development moratorium, defined by Government Code Section 66452.6(f), is in existence up to five (5) years.

(b)

Discretionary extensions.

(1)

General. Upon application of the subdivider submitted before the tentative map expires, the Planning Commission may approve an extension of the tentative map for a period or periods not to exceed a total of three (3) years.

The subdivider may request an extension of the expiration date by written application filed with the Department before the map expires, and shall state the reasons for the extension. The Department and the City Engineer shall review the request, set a public hearing, and submit the application for the extension and its report to the Planning Commission. A copy of the Department's report shall be sent to the subdivider at least three (3) days before the Planning Commission meeting on the extension. The Planning Commission may approve or deny the requested extension. Although granting an extension is discretionary, the City may not add new conditions to the approval of extension without the subdivider's agreement. The commission may deny the extension if the map is not consistent with the current standards.

The subdivider or any interested person adversely affected by the decision of the Planning Commission may, within fifteen (15) days after the decision, file an appeal to the City Council in writing to the City Clerk accompanied by the appropriate fee. The decision of the City Council is final.

(2)

Pending litigation. If a lawsuit involving the approval of the tentative map is pending, the City Council may, upon request, stay the approval period of the map for up to five (5) years, under Government Code Section 66452.6(c).

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.109)

A minor modification to the approved tentative subdivision map or conditions of approval may be approved by the Department and City Engineer upon application by the subdivider, if the map remains in substantial conformance. Depending upon the degree of modification, the Department may refer the request to the Planning Commission and set the matter for public hearing. If the modification is approved, it shall, at the discretion of the City Engineer, be indicated or noted on the approved tentative subdivision map and signed by the City Engineer, or incorporated into a revised tentative subdivision map approved by the City Engineer, or reflected in a letter from the subdivider with signed approval by the City Engineer. An approved modification shall not alter the expiration date of the tentative subdivision map.

If the requested modification is not minor in nature, but is substantial, the subdivider shall be required to file either an application for amendment to the tentative map or a new tentative map application, depending upon the degree and nature of the proposed change as determined by the Community Development Director. The fees shall be in proportion to the degree and scope of change. Either type of application is subject to the notice, public hearing and findings requirements set forth in Section 12.16.070.

(Ord. 934 C.S. § 1 (part), 1996: prior code § 12-4.110)

Chapter 12.20 - FINAL MAPS

Sections: