Watsonville Municipal Code Art. 1 Tentative Maps

Approval of a tentative and final map shall be required in accordance with this title for any subdivision creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except for those activities excluded by Section 13-1.05, or for those subdivisions described in Section 66426(a) through (e) of the Map Act. A tentative map and parcel map pursuant to Chapter 13-5 shall be required for those subdivisions described in Section 66426(a) through (e). The form and contents, submittal, and approval of tentative or vesting tentative maps shall be governed by the provisions of Sections 13-4.02 through 13-4.18. The words “tentative map” in this chapter shall also mean “vesting tentative map.”

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The subdivider shall have the option of submitting a vesting tentative map if he or she desires to obtain the rights conferred by Map Act Section 66498 et seq. Applications for vesting tentative maps shall be accompanied by the additional submittals and disclosures as required by Chapter 13-10, Vesting Tentative Maps.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The tentative map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor authorized to practice in the State of California. The tentative map shall be clearly and legibly drawn at an engineer’s scale of between one inch equals one hundred feet (1" = 100') and one inch equals twenty feet (1" = 20') and shall not contain less than the following:

(a) A title which shall contain the subdivision tract number, minor land division number, the subdivision name, and the type of subdivision;

(b) The names and addresses of the owners of record of the land proposed to be subdivided, of the subdivider, and of the person or firm preparing the tentative map;

(c) The date, north point, contour interval, and graphic scale;

(d) A sufficient legal description to define the boundary of the subdivision;

(e) The names, numbers, and intersecting boundary lines of adjacent subdivisions and tracts and the names of the owners of adjacent undivided land;

(f) The existing and proposed land use and zoning;

(g) Recorded references to all existing easements, use restrictions, and any areas previously vacated or abandoned and a description of any existing or proposed deed restrictions, covenants, and conditions;

(h) A statement of the water source or sources;

(i) A statement of the provisions for sewage and sewage disposal;

(j) A vicinity sketch to a scale of one inch equals one thousand feet (1" = 1,000') showing the streets, lot lines, and other data sufficient to locate the proposed subdivision and show its relationship to the community;

(k) The existing topography of the proposed site and at least one hundred (100') feet beyond its boundary, including, but not limited to:

(1) Contours at two (2') foot intervals for the ground slope areas between level and five (5%) percent and contours at five (5') foot intervals for the ground slope areas over five (5%) percent. Such contours shall relate to the bench mark system established by the City Engineer;

(2) A separate grading plan is required. Existing contours shall be represented by dashed or screened lines;

(3) Within the areas proposed for development, the species, trunk diameter, and drip line of all trees six (6") inches or more in trunk diameter (thirty (30") inches or more in circumference) measured twenty-four (24") inches above the ground level. Trees proposed to be removed shall be so indicated;

(4) The approximate location and outline of the existing structures identified by type. Buildings to be removed shall be so marked;

(5) The approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each watercourse;

(6) The location, pavement, and right-of-way widths, grades, and names of the existing streets, highways, and other public ways in and near the subdivision;

(7) The widths, locations, and identity of the existing easements; and

(8) The location and size of the existing sanitary sewers, water mains, and storm drains. The approximate slopes of existing sewers and storm drains shall be indicated;

(l) The proposed improvements to be shown shall include, but shall not be limited to:

(1) An indication of the total number of lots proposed;

(2) The location, grade, center line radius, and arc length of curves, pavement, and right-of-way widths and the names of all streets. Typical sections of all streets shall be shown. The proposed structural section of all streets, driveways, and alleys shall be defined and based on R-value obtained from the geotechnical investigation and a traffic index as directed by the City Engineer;

(3) The location and radius of all curb returns and cul-de-sacs;

(4) The locations, widths, and purposes of all easements;

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

(6) The approximate lot layout and the approximate dimensions of each lot. The engineering data shall show the finished grading of each lot, the design of all grading, the elevation of proposed building pads, the top and toe of cut-and-fill slopes to scale, and the number of each lot;

(7) A grading plan showing proposed contours at two (2') foot intervals if the proposed ground slope is less than five (5%) percent and at not greater than five (5') foot intervals for proposed slopes greater than five (5%) percent;

(8) The proposed recreation sites, trails, parks for private or public use, and any other proposed public use;

(9) A statement of the types and locations of the proposed street trees;

(10) The location of any of the improvements required by this subsection which improvements may be required to be constructed beyond the boundaries of the subdivision shall be shown on the appropriate subdivision and vicinity maps;

(11) The proposed common areas and the areas to be dedicated to public open space; and

(12) The location and size of the sanitary sewers, water mains, and storm drains. The proposed slopes and approximate elevations of the sanitary sewers and storm drains shall be indicated;

(m) The name or names of any civil engineer, geotechnical engineer, or geologist whose services were retained in the preparation of a geotechnical report for the subdivision property;

(n) The source and date of the existing contours;

(o) The size of all lettering shall be a minimum of one-eighth (1/8") inch;

(p) A blank space, approximately eight inches by four inches (8" x 4") in size, on the first sheet only, shall be provided for the certificates, approvals, dates, and the like;

(q) If the subdivider plans to develop the site as shown on the tentative map in phases, then the tentative map shall indicate which lots are proposed in each phase and which portions of infrastructure will be constructed in each phase; and

(r) The Community Development Director may waive any of the tentative map requirements set forth in this section after making a finding that the type of subdivision is such as not to necessitate compliance with such requirements or that other circumstances justify such waiver. The Community Development Director may require other such drawings, data, or other information as deemed necessary within thirty (30) days after the submittal of the tentative map.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The tentative map shall be accompanied by the following data or reports:

(a) Soils Report. A soils report, prepared in general conformance with Chapter 7-6, Excavations, Grading, Filling, and Erosion Control, shall be submitted with the tentative map. If the soils report indicates the presence of expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall be a detailed soils report which investigates each lot within the subdivision.

The soils report shall be prepared by a registered civil or geotechnical engineer.

The soils report shall include but shall not be limited to the following items:

(1) Test borings as determined by the engineer;

(2) The results of laboratory testing of soil samples representative of the property, including but not limited to permeability tests and R-value tests in the street areas;

(3) An evaluation of the soil conditions, including, but not limited to, swell, liquefaction, faulting, landslide potential, bank stability, ground water, seepage, critically expansive soils, corrosive materials, and consolidation. Where a significant geologic hazard has been identified, a review shall be provided by a certified engineering geologist;

(4) Evaluation and assessment of all prior uses of the project site including detailed description of any prior grading activities performed on the site;

(5) Specific grading recommendations, including drainage and erosion control measures which are deemed appropriate;

(6) Specific foundation recommendations for the proposed structures; and

(7) The soils engineer shall sign and stamp a letter stating that he/she has reviewed the improvement plans and that the plans are in substantial conformance to the soils report and its recommendations;

(b) Title Reports. A preliminary title report prepared within three (3) months prior to filing the tentative map;

(c) Engineering Geology and/or Seismic Safety Reports. If the subdivision lies within liquefaction potential areas as shown on the map entitled “Liquefaction Potential City of Watsonville” in the public hazards element of the general plan, an engineering and/or seismic safety report shall be prepared. If the engineering and/or seismic safety report indicates the presence of geologic hazards or seismic hazards which, if not corrected, would lead to structural defects, an engineering, engineering geology, and/or seismic safety report shall accompany the tentative map and shall contain an investigation of each lot within the subdivision;

(d) School Sites. The subdivider shall obtain from the school districts where the proposed subdivision lies a written statement of their intention concerning the necessity for a school site, if any, within the subdivision. The subdivider shall present such information to the Community Development Department prior to the consideration of the tentative map by the Planning Commission;

(e) Environmental Assessments. Pursuant to the provisions of this title, no tentative map may be approved until the subdivision is found to be exempt, or until an initial study is completed and a negative declaration is adopted, or until a final environmental impact report (EIR), as appropriate, is certified in accordance with the provisions of the California Environmental Quality Act (CEQA). The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and the processing of environmental review documents;

(f) Utility Certification. Certification in writing from all private utility companies that the proposed subdivision can be served adequately and the conditions of service;

(g) Traffic and Transportation Studies. A traffic and transportation study shall address the impact of the proposed development upon the adjacent areas, including automobile vehicles, truck vehicles, pedestrian, and transit. The study shall be prepared by a registered civil or traffic engineer;

(h) Proposed Future Development. When a tentative map is filed on an area which is part of a larger single ownership which may be subdivided in the future, the Community Development Department may require preparation of a master plan showing the proposed future development of the entire area prior to approving the tentative map;

(i) Other Reports. Any other data or reports deemed necessary by the Community Development Director to make the required findings;

(j) Existing Assessment Spreads. As a condition of the approval of the subdivision map, the subdivider shall cause to be made the necessary assessment segregation.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

The tentative map application shall consist of the number of tentative maps determined by the Community Development Director, and the number of copies of all required supporting information. The application shall be submitted to the Community Development Department and shall include all application fees.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

Within five (5) days after a tentative map has been determined to be complete pursuant to Section 13-3.02, the Community Development Department shall forward copies of the tentative map and its proposed improvements to the affected public agencies and utilities and shall request recommendations for improvements to serve the proposed subdivision. The affected public agencies and utilities may review the map and may send a report to the Community Development Director. The report shall indicate the impact of the proposed subdivision on the affected public agencies and utilities and shall make recommendations within fifteen (15) working days after receipt of the tentative map. The failure of the agency to respond shall be deemed approval by that agency of the proposed subdivision. The City Council shall consider the report from the agency before acting on the map.

Within five (5) days after a tentative map has been determined to be complete pursuant to Section 13-3.02, the Community Development Department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school, or unified school district within the boundaries of which the proposed subdivision is located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Within fifteen (15) days from receipt of the tentative map, the school district may review the notice and may send a written report to the City Council regarding the effect of the proposed subdivision on the school district. The failure of the district to respond within the fifteen (15) day review period shall be deemed approval of the proposed subdivision by the school district. The City Council shall consider the report from the school district before acting on the tentative map.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) Any report or recommendation on a tentative map by the staff of the City to the Planning Commission or the City Council shall be in writing, and a copy shall be served on the subdivider and on each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three (3) days prior to any hearing or action on the map by the Commission or Council. Fees may be collected from the subdivider for expenses incurred under this section.

(b) Notices of Public Hearings. The Community Development Director shall give notice in the manner prescribed in Section 13-3.04, Public hearing notice.

(c) The staff report and Planning Commission and City Council action on the tentative map shall be based on the plans, ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete pursuant to Section 13-3.02. However, this provision shall not apply if the City, before determining the map application to be complete, initiated proceedings by ordinance, resolution, or motion to amend any applicable plan, ordinance, policy, or standard and published a public hearing notice in accordance with Government Code Section 65090 describing the proposed changes. In that case, the plans, ordinances, policies, and standards adopted as a result of those proceedings and in effect on the date of tentative map approval shall apply.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) The Planning Commission shall review and make a recommendation on the tentative map and all staff recommendations pertaining thereto at a public hearing within fifty (50) days after the filing of a tentative map application with the Community Development Department. The fifty (50) days shall commence only after the project is deemed complete and after certification of an environmental impact report, adoption of a negative declaration, or determination that the project is exempt from CEQA.

(b) In recommending approval or conditional approval or denial of the tentative map, the Planning Commission shall make all of the findings as applicable listed in Section 13-4.09(d). In the event that one or more of the findings included in Section 13-4.09(d) cannot be made to support approval or conditional approval of the tentative map, the Planning Commission shall recommend that the map be denied.

(c) The Planning Commission may modify or delete any of the conditions of approval recommended in the Community Development Department’s report, except conditions required by City ordinance or by the City Engineer related to public health and safety or to standards approved by the City Engineer. The Planning Commission may add additional requirements as a condition of its recommended approval.

(d) The recommendation to the City Council by the Planning Commission to approve, conditionally approve or to deny a tentative map application for a subdivision of five (5) or more lots is not appealable. All such applications shall be forwarded to the City Council regardless of the Planning Commission’s recommendation.

(e) Extensions of Time for Action by the City. The time limits set forth in this section for action on a tentative map may be extended by the mutual consent of the subdivider and the Planning Commission.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) General. Upon the receipt of the Planning Commission’s report on the tentative map, the City Clerk shall set the matter for a public hearing before the City Council. Such hearing shall be set at the next available regular meeting of the City Council following the filing of the Planning Commission’s report with the City Council and shall be held within thirty (30) days thereafter.

(b) Notices of Public Hearings. The City Clerk shall give notice in the manner prescribed in Section 13-3.04, Public hearing notice.

(c) Approval of Tentative Maps.

(1) The City Council shall approve, conditionally approve, or deny the tentative map within the thirty (30) day period and may modify or delete any of the conditions of approval recommended by the Planning Commission in its report (except conditions required by ordinance related to the public health and safety) or may add requirements as conditions of approval.

(2) The approval of the tentative map shall in no way relieve the subdivider of the responsibility to comply with the requirements of this title and to provide the improvements and easements necessary to meet all City standards, whether or not the same are set forth in the approval of the tentative map.

(d) Findings for Approval. The City Council may not approve a tentative map unless it makes all of the following findings:

(1) The proposed map is consistent with the general plan or any applicable specific plan, the zoning code, this chapter, the Subdivision Map Act, and other applicable provisions of this code.

(2) The design or improvement of the proposed subdivision is consistent with the general plan and any applicable specific plan.

(3) The site is physically suitable for the proposed type of development.

(4) The site is physically suitable for the proposed density of development.

(5) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, the City Council may approve a tentative map even if it is unable to make this finding if an environmental impact report was prepared for the project, and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report that would mitigate damage to the environment or to fish and wildlife and their habitat.

(6) The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

(7) 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 City Council may approve the map if it finds that alternative easements for access through, or for use of, the property 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.

(8) The waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board.

(9) If the land is subject to any of the development restrictions included in Section 66474.4(a) of the Subdivision Map Act (including, but not limited to, Williamson Act contracts, open-space easements, and conservation easements), then the findings required by Section 66474.4 must be made to approve or conditionally approve the tentative map.

(10) If the tentative map is subject to the water supply requirements included in Section 66473.7 of the Subdivision Map Act, then the findings required by Section 66473.7 must be made to approve or conditionally approve the tentative map.

In the event that one (1) or more of the findings included in this section cannot be made to support approval or conditional approval of the tentative map, the map shall be denied.

(e) Notification of Council Action. The City Clerk shall notify the subdivider or subdivider’s designated agent in writing of the action taken by the City Council within ten (10) working days after such action, attaching one (1) copy of the map and one (1) copy of the City Council resolution, and shall forward one (1) copy of the resolution to the Community Development Director and Director of Public Works for their permanent files.

(f) Extensions of Time for Action by the City. The time limits set forth in this chapter for action on a tentative map may be extended by the mutual consent of the subdivider and the City Council.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)

(a) Expiration. The approval or conditional approval of a tentative map shall expire twenty-four (24) months after the date of the adoption of the resolution by the City Council approving or conditionally approving the map. An extension of the expiration date may be approved, as provided in this title, for a maximum of forty-eight (48) months.

The expiration of an 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 such tentative map shall be filed 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 the final map, may lawfully occur after the date of expiration of the tentative map. Delivery to the Community Development Director or City Engineer of a signed final map in substantial conformance with the approved tentative map, necessary improvement plans, and all required fees and deposits shall be deemed as “timely filing” for purposes of this section.

(b) Discretionary Extensions.

(1) Requests by Subdividers. A subdivider may request an extension of the expiration date of an approved or conditionally approved tentative subdivision map by a written application to the Community Development Director. The application shall be filed before expiration of the tentative map and shall state the reasons for requesting the extension. (SMA allows filing prior to expiration.)

(2) Action Taken. The Community Development Director shall review the request for a time extension and submit the application, together with a report, to the Council. A copy of the report of the Community Development Director shall be forwarded to the subdivider prior to the City Council meeting on the extension. The City Council shall consider the report of the Community Development Director and approve or deny the extension.

(3) Time Limits of Extensions. The approved extension may be granted for up to forty-eight (48) months. The approved new expiration date shall not extend more than six (6) years beyond the date of the resolution adopted by the City Council approving or conditionally approving the original tentative subdivision map.

(4) Conditions of Approval. The Council may impose only those conditions of approval that were imposed for the initial map approval, unless the subdivider consents to the imposition of additional conditions.

(c) Statutory Extensions. Tentative maps shall also be extended for maps subject to requirements to construct certain off-site improvements, phased tentative maps, tentative maps subject to development agreements, the imposition of development moratoria, lawsuits filed against an entitled subdivision project, and additional periods determined by statute pursuant to the detailed provisions of Sections 66452.6, 66463.5, 66452.21, and 66452.22 of the Subdivision Map Act.

(§ 1, Ord. 1274-11 (CM), eff. February 24, 2011)