Chapter 15.08 — TENTATIVE MAPS

A.

A subdivider may present the planning division a preliminary design plan before filing the tentative map application. The preliminary design plan should include, but not be limited to, the following information:

1.

Street layouts, indicating location and type;

2.

Basic lot design and size;

Land use;

Existing natural and/or manmade features;

Existing and proposed topography.

B.

The planning division shall distribute copies of the preliminary design plan to the technical project review committee for review and comment.

C.

The development services director, as chairperson, shall call a meeting of the technical project review committee at which the subdivides may be present.

D.

Within twenty days of such receipt of the preliminary design plan, the development services director shall notify the subdivides whether the preliminary design plan complies with the following:

1.

Vallejo general plan;

Any applicable specific plans;

3.

Zoning ordinance;

4.

Adopted public improvement standards;

5.

Other applicable standards and regulations.

(Ord. 1368 N.C.(2d) § 2 (part), 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.030 - Submission of tentative map application.

After the subdivides receives the development services director's preliminary design plan report he or she may submit to the planning division an application for tentative map approval. This application shall include the following elements:

A.

Tentative Map.

1.

Subdivision name or number;

2.

Date;

3.

North point;

4.

Scale;

5.

Total acreage;

6.

Location of the subdivision;

Name and address of record owner(s) of the subdivision;

8.

Name and address of the subdivides;

9.

Name, business address and telephone number of the registered engineer or licensed surveyor who prepared the tentative map;

10.

Sufficient elevations or contours to determine the topography of the site and adjacent sites affected by the development;

11.

Locations, names, widths and approximate grades of all roads, streets, highways, bicycle paths, walkways and trails in the proposed subdivision and along the boundaries thereof;

12.

Location, type and provider of all existing and proposed public utilities in the proposed subdivision and in the adjoining and contiguous public rights-of-way;

13.

Location, widths and approximate grades of all public access ways, as required in Section 15.06.210;

14.

Location, widths and purpose of all existing and proposed easements;

15.

Location and type of all public transit facilities;

16.

Location of all mail boxes;

17.

Identification of all public improvements that are a deviation or a variation of the city's or Vallejo Sanitation and Flood Control District's adopted public improvements standards;

18.

Location and type of all land reserved for public facilities;

Location and character of all existing and proposed park and recreation facilities, and proposed open space areas, including ownership and management of same;

20.

Approximate lot layout and approximate dimensions of each lot and an identifying number of each;

21.

Outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines;

22.

Location and species of each existing tree over six inches in diameter;

23.

Location of every area subject to inundation and/or storm water overflow and the location, width and direction of every watercourse and/or additional information as required by Vallejo Sanitation and Flood Control District;

24.

Heights, size and location of all proposed buildings, unless exempted by the development services director;

25.

Type of residential units, the number of bedrooms in each type and the total number of each type of unit, unless exempted by the development services director.

B.

Subdivider's Statement. All tentative map applications shall be accompanied by a completed subdivider's statement. This statement shall include the following:

1.

Existing use or uses of the property;

2.

Identification and location of all proposed uses within the subdivision;

3.

Description of the proposed improvements and public utilities and the date by which said improvements will be completed;

4.

Justification for every proposed exception to any provision of this title.

C.

Environmental Information. All tentative map applications shall be accompanied by the following information, unless exempted by the development services director and/or public works director:

1.

Completed environmental checklist, as required by the provisions of the California Environmental Quality Act;

2.

Soils report;

3.

Preliminary grading and drainage plan;

4.

Noise study;

5.

Traffic study.

D.

Additional Information. All tentative map applications shall be accompanied by the following:

1.

The most current assessor's map, showing the location of the subject property and all surrounding properties within a five-hundred-foot radius of the subject property;

2.

List of all property owners within that five-hundred-foot radius;

3.

One set of plain envelopes (four inches by nine and one-half inches) addressed to all property owners within that five-hundred-foot radius and stamped with first class postage;

4.

Copy of every restrictive covenant proposed, or in the case of condominium projects, a copy of the declaration of restrictions and proposed management arrangement relating to the project, as required by

the provisions of Section 1355 of the California Civil Code.

E.

Fees. A fee, prescribed by city council resolution, shall be required with all tentative map applications.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1130 N.C.(2d) § 1, 1990: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.040 - Tentative map process.

A.

Within thirty days of receiving a tentative map application, the planning division shall inform the applicant whether the application is complete and accepted for filing. If incomplete, the planning division shall state in writing in what respect the application is deficient.

B.

Projects Subject to CEQA. Within ten working days after an application has been found to be complete and accepted for filing, the planning division shall route the tentative map to appropriate city departments and to other agencies, including the Vallejo City Unified School District or other school districts within the boundaries of which the proposed subdivision is to be located, for evaluation. The planning division shall also send notices of pending application to the following:

1.

Every identified neighborhood group within one thousand feet of the subject property;

2.

City council;

3.

Planning commission; and

4.

Subdivider.

C.

Projects Subject to CEQA. At least twenty-one days before the planning commission public hearing, the planning division shall do the following:

1.

Publish the hearing native with date, time and place of hearing once in a newspaper of general circulation in the city; and

Send notices of the public hearing with date, time, and place of hearing to:

a.

Every identified neighborhood group within one thousand feet of the subject property boundary,

b.

Every property owner within five hundred feet of the project boundary,

c.

Planning commission, and

d.

Applicant; and

3.

Post the hearing notice with date, time and place of hearing at a minimum of three visible locations around the subject property boundary.

These notices shall give the date, time, and place of the hearing. This hearing shall be scheduled so that the commission can approve or deny the application within fifty days after the date the application has been accepted for filing. However, if an environmental impact report is prepared only for the tentative map, this time period is not applicable, and the commission shall approve or deny the application within fortyfive days after certification of the environmental impact report.

The time limits for acting on a subdivision application may be extended by mutual consent of the subdivider and the planning commission and/or city council. However, the planning commission and/or city council may not require a routine waiver of time limits as a condition of accepting the application for, or processing of a tentative map, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

D.

Projects Exempt from CEQA. At least ten working days before the planning commission public hearing, the planning division shall do the following:

1.

Publish the hearing notice with date, time and place of hearing once in a newspaper of general circulation in the city; and

2.

Send notices of the public hearing with date, time, and place of hearing to:

a.

Every identified neighborhood group within five hundred feet of the subject property;

b.

Every property owner within five hundred feet of the subject project;

c.

Planning commission; and

d.

Applicant.

E.

If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project or stock cooperative project, the notice shall also be given by the planning division by the United States Postal Service mail to each tenant of the subject property, and shall also include notification of the tenant's right to appear and be heard.

F.

At least three calendar days before the planning commission hearing, one copy of the agenda and the staff report shall be sent to the subdivider, and one copy of the agenda and the staff report shall be made available at no cost to each of the identified neighborhood groups within one thousand feet of the subject boundary. Any other person or group requesting a copy of the staff report shall be charged the city's current per page copying cost, except the documents shall be sent to all persons described in subsection E of this section at no charge.

G.

After the public hearing, the planning commission shall determine whether the tentative map satisfies the requirements of Section 15.08.040, and based thereon shall by resolution approve, conditionally approve or deny the application.

H.

The planning commission shall approve, conditionally approve or deny the application based upon those ordinances, policies and standards in effect the date such application was determined to be complete by the planning division. However; if the city has formally initiated proceedings by way or ordinance, or resolution, or notice and published notice of that in accord with Government Code Sections 66474.1 and 65090(a), to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the city may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map. If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

(Ord. 1368 N.C.(2d) § 2 (part), 1996: Ord. 1130 N.C.(2d) § 2, 1990: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.050 - Required findings for tentative map approval or conditional approval.

To approve or conditionally approve a tentative map the planning commission shall find that the proposed subdivision, together with the provisions for its design and improvements:

A.

Is consistent with the goals and policies of the Vallejo general plan and any applicable specific plans; and

B.

Conforms with this title and the zoning ordinance; and

C.

Conforms with the Subdivision Map Act.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.060 - Grounds for denial of a tentative map.

The planning commission shall deny a tentative map if it makes any of the following findings:

A.

The tentative map is not consistent with the goals and policies of the Vallejo general plan and any applicable specific plans;

B.

The design or improvement of the proposed subdivision is not consistent with the Vallejo general plan or any applicable specific plans;

C.

The tentative map is not in conformance with this title or the zoning ordinance;

D.

The tentative map is not in conformance with the Subdivision Map Act;

E.

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

F.

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

G.

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

H.

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

I.

The design of the subdivision or type of improvements conflict with easements of record or established by a court of competent jurisdiction acquired by the public at large, for access through or use of property within the proposed subdivision;

J.

The subdivision or improvements result in violation of water quality standards; or

K.

The subdivision or improvements are proposed for lands subject to the Williamson Act and are not consistent with the requirements of Section 66474.4 of the Government Code.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.070 - Right of appeal from planning manager's decision.

A.

The applicant or any party adversely affected by an administrative decision of the planning manager's rendered under authority conferred by this title may within ten days after the rendition of such decision appeal in writing to the planning commission by filing such written appeal with the development services director. Such appeal shall not be timely filed unless it is actually received by the development services director no later than the close of business on the tenth day after the rendition of the decision by the planning manager.

B.

The planning commission may affirm, reverse or modify any decision of the planning manager which is appealed. The planning commission may summarily reject any appeal upon determination that the appellant is not adversely affected by the decision under appeal.

C.

These provisions shall be communicated to the applicant.

(Ord. 1368 N.C.(2d) § 19, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.080 - Right of appeal from planning commission decision.

A.

The applicant or any party adversely affected by the decision of the planning commission may within ten days after the rendition of the decision of the planning commission appeal in writing to the city council by filing such written appeal with the city clerk. Such appeal shall not be timely fined unless it is actually received by the city clerk or designee no later than the close of business on the tenth day after the rendition of the decision of the planning commission.

B.

The city council shall hold a hearing on the appeal within thirty days after the date the appeal was filed. Within seven days after the conclusion of the hearing, the city council shall decide the appeal. This hearing may be a public hearing, at the city council's discretion. Notice of any hearing shall be given under subsections C, D, and E of Section 15.08.040.

C.

The city council may affirm, reverse or modify any decision of the planning commission which is appealed. The city council may summarily reject any appeal upon determination that the appellant is not adversely affected by a decision under appeal.

D.

These provisions shall be recited at the time of the hearing before the planning commission, and the fact of such recitation shall be noted in the minutes of the meeting of the planning commission and shall constitute notice to all concerned of the substance of this action.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

The applicant or any party adversely affected by a decision by an agency other than the city may appeal the decision directly to such agency. The city does not have the authority to overturn such decisions.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

No application for a tentative map approval shall be accepted nor any hearings held thereon when an application for the same or substantially same tentative map has been previously denied until a period of one year has elapsed from the date of the final denial of the application by the body having final jurisdiction in the matter.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.110 - Term of tentative map approvals—Effect of moratoriums or lawsuits—Time extensions.

A.

An approved tentative map shall expire thirty-six months after its approval. However, if the subdivider is subject to a requirement of one hundred thousand dollars or more to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each

filing of a final map shall extend the expiration of the approved tentative snap by thirty-six months from the date of its expiration as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps which may be filed shall be determined by the planning commission at the time of the approval of the tentative map. "Public improvement," as used in this title, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

B.

The period of time specified in subsection A of this section shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided however, that the length of the moratorium shall not exceed five years. This length of time shall be extended up to three years or until January 1, 1992, (whichever occurs first) during any lawsuit in which the subdivider asserts and the city denies the existence or application of a development moratorium to the tentative map.

Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium.

C.

The period of time specified in subsections A and D of this section 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 if the stay of the time period is approved by the planning commission pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the city, the subdivider may apply to the planning commission for a stay. Within forty days after receiving the application, the planning commission shall either stay the time period for up to five years or deny the requested stay.

D.

The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the city council without first processing a new tentative map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the elate of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.

E.

Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the planning commission for an

additional period or periods not exceeding a total of thirty-six months. Prior to the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the planning commission denies the application for extension, the subdivider may appeal to the city council within fifteen days after the commission has denied the extension, pursuant to the appeal procedures in Section 15.08.080.

F.

A development moratorium shall be that as described in Section 66452.b(f) of the Government Code, as amended.

(Ord. 1056 N.C.(2d) § 3 (part), 1989.)

15.08.120 - Amendment to tentative map.

A.

Prior to the public hearing thereon, the subdivider may amend the tentative map application. This amendment must occur prior to the hearing being advertised unless the development services director determines the amendment will not significantly change the nature or character of the map. If the development services director determines the amendment is major, a new notice of hearing shall be given in the manner and for the time required in Section 15.08.040C as appropriate, and the subdivider shall pay the cost to readvertise.

B.

Amendment of a tentative map after approval by the planning commission may be initiated by the subdivider. The development services director will determine whether the amendment is minor and can be approved by the planning division, or is significant enough to change the nature or character of the approved project and will require a decision by the planning commission. If the development services director determines the amendment is major, a new notice of hearing shall be set in the manner and for the time required in Section 15.08.040(C) as is appropriate, and the subdivider shall pay the fee fixed therefor.

(Ord. 1368 N.C.(2d) § 18, 1996: Ord. 1056 N.C.(2d) § 3 (part), 1989.)

Any subdivider may file with the city the tentative neap of a proposed subdivision of unincorporated territory adjacent to the city. The map, in the discretion of the city, may be acted upon in the manner provided in Article 2 of the Subdivision Map Act and this title, except that if it is approved, such approval shall be conditioned upon annexation of the property to the city within one year, and such approval shall not be effective until annexation of such property to the city has been completed. If annexation is not completed within one year, then the approval of such map shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by the city unless annexation thereof to the city is completed prior to the approval of the final map thereof.

(Ord. 1056 N.C.(2d) § 3 (part, 1989.)

Chapter 15.10 - VESTING TENTATIVE MAPS

Sections: