Chapter 17.64
TENTATIVE MAPS1
Sections:
17.64.030 Examination by various departments.
17.64.040 Filing--Planning commission action.
17.64.050 Approval or disapproval by commission.
17.64.060 Disapproval for reason of flood or slide hazard.
17.64.070 Appeal to board of supervisors.
17.64.071 Complaint by interested person other than subdivider.
17.64.010 When complete.
A tentative map shall be considered complete for the consideration of the planning commission when all material required by Chapter 17.60 has been submitted. If the tract is a portion of a larger area which can be subdivided later, the tentative map shall roughly indicate the ultimate plan for the whole. (Ord. 375 §18.1, 1965).
17.64.020 Copies--Fee.
Twenty copies of a tentative map, and statement of the proposed subdivision of any land, shall be presented to the county planning department at least fifteen days prior to the planning commission meeting at which the map will be formally filed, together with a fee of one hundred dollars plus two dollars per lot, payable to the planning department. (Ord. 641 §2, 1978: Ord. 438 §2, 1970: Ord. 375 §18.2, 1965).
17.64.030 Examination by various departments.
The planning commission shall immediately transmit copies of the tentative map to the county surveyor, county engineer, county road commissioner, county health officer; public utilities serving the area proposed for subdivision; the officer or agency charged with providing fire protection for the area proposed for subdivision; and to other departments and agencies as it deems advisable. If any subdivision abuts upon a state highway, a copy of the tentative map shall be submitted to the district engineer, division of highways. Upon receipt of a copy of the tentative map, each department shall examine the map to ascertain if it conforms to the requirements coming within the authoritative scope of such department, and within ten days after receipt thereof each department shall, and each public utility may, make a written report thereon to the planning commission and to the subdivider. (Ord. 375 §18.3, 1965).
17.64.040 Filing--Planning commission action.
Actual filing of the map shall be deemed to be at the next regular meeting of the planning commission following its presentation. The planning commission shall act on any tentative map within forty days of the date of filing unless this time period is extended by mutual consent of the planning commission and the subdivider. Failure to act within the time limits prescribed or agreed-upon extension, shall be deemed approval of the tentative map. (Ord. 375 §19.1, 1965).
17.64.050 Approval or disapproval by commission.
The planning commission shall determine whether a tentative map is in conformity with the provisions of law and of this title and upon that basis approve, conditionally approve or disapprove said map, and shall report such action in writing directly to the subdivider, and shall also transmit to the board of supervisors a copy of the tentative map and a copy of the resolution setting forth the action of the commission thereon. (Ord. 375 §19.2, 1965).
17.64.060 Disapproval for reason of flood or slide hazard.
The planning commission may also disapprove a tentative map because of flood and inundation hazards or slide areas and recommend protective improvements to be constructed as a condition precedent to approval of the map. The action of the planning commission shall be forwarded to the board of supervisors. (Ord. 375 §19.3, 1965).
17.64.070 Appeal to board of supervisors.
If the subdivider is dissatisfied with any action of the planning commission with respect to the tentative map, or the nature and extent of improvements recommended, he may, within fifteen days after such action, appeal to the board of supervisors for a public hearing thereon.
The board of supervisors shall hear the appeal, upon notice to the subdivider and the planning commission, unless the subdivider consents to a continuance, at its next succeeding regular meeting. At the hearing the board of supervisors shall hear such testimony as the subdivider or planning commission, or their respective witnesses or other competent persons may present. (Ord. 375 §20.1, 1965).
17.64.071 Complaint by interested person other than subdivider.
In addition to the right of appeal by a subdivider, any interested person adversely affected by a decision of the planning commission may file a complaint with the board of supervisors concerning any decision of the planning commission. Any such complaint shall be filed with the clerk of the board of supervisors within fifteen days after the action of the planning commission which is the subject of the complaint. Upon the filing of the complaint, the board of supervisors shall set the matter for hearing. Such hearing shall be held within thirty days after the filing of the complaint. Such hearing shall be a public hearing for which notice shall be given in the time and manner provided.
Upon conclusion of the hearing, the board of supervisors shall within seven days declare its findings based upon the testimony and documents produced before it or before the planning commission. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this title. (Ord. 542 §6, 1975).
17.64.072 Fees for appeals.
The fee for filing an appeal pursuant to Section 17.64.070 or Section 17.64.071 shall be thirty-five dollars, no part of which shall be refundable. (Ord. 641 §3, 1978).
17.64.080 Decision by board.
Upon conclusion of the hearing, the board of supervisors shall within seven days declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this title. (Ord. 375 §20.2, 1965).
For statutory provisions relating to tentative maps, see Bus. & Prof. Code §11550 et seq.