Chapter 9.78
TENTATIVE PARCEL AND TENTATIVE TRACT MAPS
Sections:
9.78.030 Pre-filing conference.
9.78.050 Accompanying data and reports.
9.78.060 Filing of tentative parcel and tentative tract maps.
9.78.070 Division of land committee review.
9.78.080 Action by the planning commission.
9.78.090 Findings and decision.
9.78.100 Conditions of approval.
9.78.110 Post-approval procedures.
9.78.010 Purpose.
The purpose of this chapter is to provide for the submittal and processing of tentative parcel and tentative tract maps for the subdivision of land in compliance with the subdivision regulations. (Ord. 806 § 1, 2007).
9.78.020 General.
The form and contents, submittal, and approval of tentative parcel and tentative tract maps of a subdivision shall be in accordance with the Map Act and the provisions of this chapter. (Ord. 806 § 1, 2007).
9.78.030 Pre-filing conference.
After noting the requirements of this chapter, it is desirable that the subdivider confers with the city planning and engineering staff before preparing and filing a tentative parcel or tentative tract map. (Ord. 806 § 1, 2007).
9.78.040 Form and contents.
A. Tentative Tract Maps. The tentative tract maps shall be prepared in a manner acceptable to the community development director and city engineer and shall be prepared by a registered civil engineer or licensed land surveyor.
The tentative tract map shall be clearly and legibly drawn on one sheet at a scale not less than 100 feet to the inch and contain not less than the following:
1. A title with the subdivision number assigned by the county engineer, subdivision name, and type of subdivision.
2. Name, address, and telephone number of legal owner, subdivider, and person preparing the map (including registration number).
3. Sufficient legal description to define the boundary of the proposed subdivision.
4. Date, north arrow, scale, and contour interval.
5. Existing and proposed land use.
6. A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient to locate the proposed subdivision and show its relation to the community.
7. Existing topography of the proposed site and at least 100 feet beyond its boundary, including, but not limited to:
a. Sufficient elevations of existing ground to indicate the existing drainage pattern of the site.
b. Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.
c. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked.
d. The approximate location of all areas subject to inundation or stormwater overflow and the location, width, and direction of flow of each watercourse.
e. The location, pavement and right-of-way, grade and name of existing streets or highways.
f. The widths, location, and identity of all existing easements.
g. The location and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated.
8. Proposed improvements to be shown shall include, but not be limited to:
a. The location, grade, center line radius and arc length of curves, pavement and right-of-way width, and names of all streets. Typical sections of all streets shall be shown.
b. The location and radius of all curb returns and cul-de-sacs.
c. The location, width, and purpose of all easements.
d. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees.
e. The approximate lot layout and the approximate dimensions of each lot and of each building site. Engineering data shall show the approximate finished grading of each lot, the preliminary 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.
f. Proposed common areas and areas to be dedicated to public open space.
g. The location and size of sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.
9. The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative parcel and tentative tract maps.
10. The source and date of existing contours.
11. All lettering size shall be one-eighth inch minimum.
12. Certificates for execution by the secretary of the planning commission indicating the approval of the tentative parcel or tentative tract maps and the date thereof by the planning commission, and a certificate by the city clerk indicating the approval by the city council.
13. If the subdivider plans to develop the site as shown on the tentative parcel or tentative tract maps in units, then he shall show the proposed units and their proposed sequence of construction on the tentative parcel or tentative tract maps.
14. The city engineer may waive any of the foregoing tentative parcel or tentative tract maps requirements whenever he finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such waiver. The city engineer may require other such drawings, data, or other information as deemed necessary.
B. Tentative Parcel Map. The tentative parcel map shall be prepared by a registered civil engineer or licensed land surveyor. The tentative parcel map shall be clearly and legibly drawn on one sheet. The scale shall be as approved by the city engineer and all lettering shall be one-eighth inch minimum in height. The final form shall be as approved by the city engineer.
The tentative parcel map shall show the following information:
1. Name, address, and telephone number of legal owner, subdivider, and person preparing the map (including registration number).
2. Assessor’s parcel number.
3. Date prepared, north arrow, scale, and contour interval.
4. Existing and proposed land use.
5. Title.
6. A vicinity map, sufficient to show the relation to the local community.
7. Existing topography of the site and at least 100 feet from its boundary including, but not limited to:
a. Sufficient elevations of existing ground to indicate the existing drainage pattern of the site.
b. Type, circumference, and dripline of existing trees. Any trees proposed to be removed shall be so indicated.
c. The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked.
d. The location, width, and direction of flow of each watercourse.
e. The location, pavement and right-of-way width, grade, and name of existing streets or highways.
f. The location and type of street improvements.
g. The location, size, and slope of existing storm drains.
h. The location, width, and identity of existing easements.
i. Any improvements proposed by the owner shall be shown.
j. If the site is to be graded, proposed contours shall be shown or an approved grading plan submitted. (Ord. 806 § 1, 2007).
9.78.050 Accompanying data and reports.
An application for a tentative parcel or tentative tract map shall be filed with the department in compliance with BGMC 9.76.050, Application filing and fees. In addition, the tentative parcel or tentative tract map shall be prepared in a manner acceptable to the community development department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative parcel map or tentative tract map shall be clearly and legibly drawn and shall contain the information identified in BGMC 9.78.040, Form and contents, unless waived by the city engineer. The department may also require additional materials, exhibits, data, or information as deemed necessary to accomplish the purposes of the Subdivision Map Act and the subdivision regulations. Tentative parcel or tentative tract map applications shall be determined to be complete only when accompanied by the following:
A. Application. All necessary application forms, materials and exhibits as established by the department are accepted as adequate.
B. Title Report. A preliminary title report showing the legal owners and any encumbrances and easements accepted as adequate by the city engineer.
C. Environmental Assessment. The time limits set forth in this division for taking action on tentative parcel and tentative tract maps shall not be deemed to commence until the subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact report, as appropriate, is prepared and processed, and a final environmental document, prepared in accordance with the provisions of the California Environmental Quality Act, is available for concurrent consideration with the tentative parcel and tentative tract maps. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents pursuant to the city’s procedures for implementation of the California Environmental Quality Act.
D. Utility Certification. Certification in writing from all utilities that the proposed subdivision can be adequately served. The city engineer may defer the required certifications until after the filing of the tentative parcel and tentative tract maps. Certification requirements contained herein shall not apply to condominium conversions.
E. Other Reports. Any other data or reports reasonably deemed necessary by the community development director or as required by Chapter 9.90 BGMC, Condominium and Condominium Conversion, or other ordinances of the city.
F. Fees/Deposits. All fees and/or deposits have been submitted and accepted.
Tentative parcel and tentative tract maps shall be considered by the planning commission and city council in compliance with BGMC 9.76.040, Authority for subdivision decisions, with a noticed public hearing.
An application for approval of a tentative parcel or tentative tract map in compliance with the subdivision regulations shall be submitted prior to or concurrently with all applications for other necessary discretionary city approvals for the development. (Ord. 806 § 1, 2007).
9.78.060 Filing of tentative parcel and tentative tract maps.
The tentative parcel and tentative tract maps shall be considered for filing only when such map conforms to BGMC 9.78.040, Form and contents, and when all accompanying data or reports, as required by BGMC 9.78.050, Accompanying data and reports, have been submitted and accepted by the community development director and all application fees pursuant to BGMC 9.76.050(A), Application Contents, have been paid in full.
The subdivider shall file with the community development department the number of tentative parcel and tentative tract maps the director may deem necessary. (Ord. 806 § 1, 2007).
9.78.070 Division of land committee review.
The division of land committee shall meet to review and make recommendations and comments on the tentative parcel or tentative tract map. A report containing their recommendations or comments concerning the tentative parcel or tentative tract map and its bearing on the community shall be submitted to the planning commission. Such reports shall be in writing and a copy shall be served to the subdivider, and to 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 days prior to any hearing or action on such map by the planning commission. Any subsequent reports prepared by the committee for consideration by the city council after action by the planning commission shall likewise be in writing and a copy of such report shall be similarly served upon 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 days prior to action on the tentative parcel or tentative tract map by the city council. (Ord. 806 § 1, 2007).
9.78.080 Action by the planning commission.
The planning commission shall approve, conditionally approve, or disapprove the tentative parcel or tentative tract map of a subdivision within 50 days after such map has been filed and in compliance with BGMC 9.78.050, Accompanying data and reports. The 50-day period specified above shall commence after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. The action of the commission shall be recorded in the form of a resolution and shall contain the facts and reasons for the approval, conditional approval, or denial of the tentative parcel and tentative tract maps. No tentative parcel or tentative tract maps shall be approved unless the commission finds that the proposed subdivision, along with its design and improvement, is consistent with the general plan of the city or any applicable specific plans. An action of denial shall be based on the findings of California Government Code Section 66474. The city clerk shall report the commission’s action on the tentative parcel and tentative tract maps to the subdivider and to the city council within 15 days following such action. Time limits specified herein shall be modified only to the extent provided within the Subdivision Map Act. (Ord. 806 § 1, 2007).
9.78.090 Findings and decision.
The commission shall record its decision in writing with the findings upon which the decision is based. The commission may approve an application for a tentative parcel or tentative tract map, with or without conditions, supported by the findings required by the Subdivision Map Act and by the findings required by the California Environmental Quality Act. (Ord. 806 § 1, 2007).
9.78.100 Conditions of approval.
In approving a tentative parcel or tentative tract map, the decision-making body may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by BGMC 9.78.090, Findings and decision.
The decision-making body may require, as a condition of its approval, that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance. (Ord. 806 § 1, 2007).
9.78.110 Post-approval procedures.
A. Appeals. The decision of the commission may be appealed to the city council in accordance with BGMC 9.76.090, Appeals.
B. Time Extensions. Time extensions may be granted in compliance with BGMC 9.76.100, Expirations – Time extensions. If a tentative parcel or tentative tract map is not recorded within the established time frame, and a time extension is not granted, the tentative parcel or tentative tract map shall be deemed to have expired. (Ord. 806 § 1, 2007).