Chapter 11.40 — TENTATIVE MAPS

The form and contents, submittal and approval of tentative maps shall be governed by the provisions of this Chapter. The term "tentative map" shall encompass both tentative parcel maps and tentative subdivision maps. Tentative Maps for areas that fall within the FP Overlay District shall comply with the provisions of Chapter 11.14 and Chapter 10.30.

(Ord. No. 1624)

Applications for tentative maps shall be filed with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures. In addition, the tentative map shall be clearly and legibly drawn on sheets of 18 x 26 inches, using an engineer's scale in all cases. A marginal line shall be drawn around each sheet leaving a blank margin of one inch.

(Ord. No. 1556; Ord. No. 1613)

(a)

Determination of complete application. The Planning Director shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of its determination in

writing. The tentative map application shall be accepted for filing only when the Planning Director determines that:

(1)

All maps and information required by this division and the Subdivision Map Act have been submitted, checked, and accepted as complete;

(2)

All information required to conduct environmental review in compliance with the California Environmental Quality Act, and the County's environmental review regulations (Chapter 11.54, Environmental Review) has been submitted;

(3)

The required fees and deposits have been paid.

(b)

Referral. The Planning Department may transmit copies of the application, the tentative map and any accompanying data to other departments of the County, other public agencies or interested persons for review and comment. Section 66453 et seq. of the Subdivision Map Act shall be complied with as required therein.

(c)

Public hearing. Upon determining that an application for a tentative map is complete, the Planning Director shall schedule the proposed map for review and public hearing and shall provide notice of the public hearing according to the requirements of Section 11.53.050, Notice of Public Hearings.

(d)

Report or recommendation. Any report or recommendation on a tentative map by the staff of the County to the Development Review Committee, Planning Commission or Board of Supervisors shall be in writing, and a copy thereof shall be served upon the applicant at least three days prior to any hearing or action on such map by the governing body.

(Ord. No. 1624)

(a)

Final date of filing. The application is not to be considered filed for purposes of Subsection 11.40.040(b), Action Required, below, until a certificate of exemption from environmental review or a negative declaration is approved and adopted or, if an environmental impact report is required, the EIR is finally approved and adopted and these documents are filed as required by law. The governing body may review the application prior to filing but may not take final action until filing is completed.

(b)

Action required. Within 50 days after the date upon which the application is deemed finally filed, unless the applicant and the Planning Director agree to extend said time period, the governing body shall approve, conditionally approve or disapprove a tentative parcel map by a majority vote of the Committee. The Planning Director shall supply the applicant with a written statement of the action taken by the Committee.

(c)

Basis for action. The approval, conditional approval, or denial of a tentative map shall be based on the ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete. If the County has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the developer's project prior to acceptance of a complete application, the amended ordinances, policies, and standards in effect on the date of complete application shall apply.

(d)

When deemed approved. If no action is taken by the Development Review Committee (in the case of a tentative parcel map) or the Planning Commission (in the case of a tentative subdivision map) within the time limit as specified, and all other State and County requirements have been met, including but not limited to the California Environmental Quality Act, the tentative map application shall be deemed to be approved if it complies with other applicable provisions of the Subdivision Map Act, this division, other County ordinances, and the General Plan, and it shall be the duty of the County Clerk to certify the approval. The appeal period to the Board of Supervisors shall begin on the date of such certification.

(e)

Required findings for approval. The Development Review Committee (in the case of a tentative parcel map) or the Planning Commission (in the case of a tentative subdivision map) may approve or conditionally approve a tentative map only if it makes all of the following findings:

(1)

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Development Code, and other applicable provisions of the County Code. A proposed subdivision shall be considered consistent with the General Plan or a specific plan only when the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.

(2)

Passive and natural heating and cooling. The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accordance with Section 66473.1 of the Subdivision Map Act.

(3)

Availability of water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

(f)

Basis for denial. The Development Review Committee or Planning Commission shall deny approval of a tentative map if it makes any of the following findings:

(1)

The proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this division.

(2)

The design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans or adopted policies of the County.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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. In this connection, the Development Review Committee or Planning Commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements 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 and no authority is hereby granted to the Development Review Committee or Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(8)

Either the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, according to the specific provisions of Section 66474.4 of the Subdivision Map Act.

(9)

The waste discharge into the sewer system from the proposed subdivision would add to, or result in, violations of requirements imposed by the Central Valley Regional Water Quality Control Board.

(10)

The proposed subdivision is to be fronted upon a public waterway, lake or reservoir, river or stream that does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The governing body shall initially determine whether the proposed subdivision provides for reasonable public access, and in making that determination, shall consider all of the factors and criteria contained in Sections 66478.4, 66478.5, and 66478.12 of the Subdivision Map Act.

(11)

The project does not make use of public sewage and water facilities when available. Construction of on- or offsite facilities or removal of existing facilities relating to water or sewage may be made a condition of approval. Availability shall be determined by the governing body considering:

a.

Rational engineering design and reasonable cost of the proposed system.

b.

Policy of the public agency providing public sewage or water facilities.

c.

Such other information deemed necessary by the governing body to reach a conclusion as to availability of public sewage of water facilities.

(12)

Any other finding requiring disapproval of a tentative map as set out in Section 66474 et seq. of the Subdivision Map Act.

(g)

Conditions of approval. In approving an application for a tentative map, the Development Review Committee or Planning Commission may impose any conditions necessary to make the required findings for approval of Subsection (e) and to meet the requirements of this Chapter.

(1)

Conditions generally. Conditions may include a condition prohibiting further subdivision of any units on any grounds consistent with the protection of the public health, safety and welfare, based upon written findings of fact.

(2)

Tentative parcel maps.

a.

The Development Review Committee may require, as conditions of approval of a tentative parcel map, dedications of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created.

b.

The Development Review Committee shall have the power to make findings as set out in Section 66411.1 of the Subdivision Map Act to require the fulfillment of construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel.

c.

At the option and discretion of the Public Works Director, the County will accept any of the forms of security provided for in Section 66499 of the Subdivision Map Act.

(3)

Tentative subdivision maps. The decision-making authority may require, as conditions of approval of tentative subdivision maps, all conditions, dedications or improvements which may be required by local ordinance under the Subdivision Map Act, together with the payment of fees in lieu thereof, and subject to all conditions as set forth in the Subdivision Map Act. The decision-making authority may require any conditions necessary to bring the project into conformance with all local ordinances and standards as set forth by resolution or ordinance of the Board of Supervisors including a provision permitting County enforcement of any required conditions, restrictions or agreements.

(4)

Enforcement. Any condition, when appropriate for enforcement, may be required to be placed in all deeds of units shown on the map as a restriction on the land conveyed.

(Ord. No. 1624)

(a)

Expiration. The approval or conditional approval of a tentative map shall expire 36 months from the date the map was approved or conditionally approved.

(1)

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(2)

The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Board of Supervisors. Within ten days of the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the CDSA Director, request a

stay in the time period of the tentative map. Within 40 days after receiving the request, the Board of Supervisors shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant/petitioner and upon conclusion of the hearing, the Board of Supervisors shall, within ten days, declare its findings.

(b)

Extension. A tentative map may be eligible for an extension of time pursuant to Section 66452.6 of the Subdivision Map Act.

(1)

Automatic extensions. Any extensions as provided for by the California State Legislature shall automatically be applied to the expiration date of an approved tentative map.

a.

If the subdivider is required to expend funds (amount as set forth in the Subdivision Map Act) to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Subdivision Map Act shall extend the expiration of the approved or conditionally approved tentative map by 36 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 authorized by Government Code Section 65864 et seq. 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 that may be filed shall be determined by the Development Review Committee at the time of the approval or conditional approval of the tentative map.

b.

"Public improvements," as used in this Subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

(2)

Discretionary extensions. A tentative map may be eligible for an extension of time provided that a complete application form is received by the Planning Department prior to the expiration date of the approved or conditionally approved tentative map.

a.

Upon timely filing of an application for an extension of time, the tentative map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied by the Development Review Committee at a public hearing, whichever occurs first.

b.

The Development Review Committee may extend the original expiration date of a tentative map for a period up to 24 months. In no case shall the parcel map approval exceed a total of five years from the date the tentative map was originally approved, except for those time extensions provided by Section 66452.6 of the Subdivision Map Act. Prior to approving an extension, the Development Review Committee shall make a determination that:

1.

The tentative map is still consistent with the General Plan and any adopted community plan or specific plan.

2.

The subdivider has demonstrated that the project has been pursued in a timely manner, which shall include proof of submittal of improvement plans for the project or any other items that demonstrate progress.

c.

If the Development Review Committee denies approval of an extension, the subdivider may appeal such denial in writing to the Board of Supervisors, pursuant to Section 2.25.040 of the County Code, within ten calendar days of the denial.

(c)

Termination of proceedings. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or final parcel map of all or any portion of the real property included within the tentative map shall be filed with the Yuba County Recorder without first processing an application for a new tentative map.

(Ord. No. 1624)

Amendments to tentative maps may be made in accordance with Section 11.47.010, Correction and Amendment of Maps. A public hearing may be required.

(Ord. No. 1624)

CHAPTER 11.41 - PARCEL AND FINAL MAPS