Chapter 16.16
TENTATIVE SUBDIVISION MAPS – FIVE OR MORE PARCELS
Sections:
16.16.030 Accompanying data and reports.
16.16.040 Geotechnical reports.
16.16.060 Department review and referral.
16.16.070 Planning commission action.
16.16.080 City council action.
16.16.120 Amendments to approved or conditionally approved tentative map.
16.16.010 General.
The form and contents, submittal, and approval of tentative maps for five or more parcels shall be governed by the provisions of this chapter. (Ord. 86-6, 1986).
16.16.020 Form and contents.
The tentative maps shall be prepared in a manner acceptable to the department and shall be prepared by a registered civil engineer or licensed land surveyor. The tentative map shall be clearly and legibly drawn on one sheet and contain not less than the following:
A. A title which shall contain the subdivision number, subdivision name, and type of subdivision;
B. Name and address of legal owner, subdivider, and person preparing the map, including registration or license number;
C. Sufficient legal description to define the boundary of the proposed subdivision;
D. The names and numbers of adjacent subdivisions and the names of owners of adjacent unplatted land;
E. Date, north arrow, scale, contour interval, and source and date of existing contours;
F. A statement of present zoning and of existing and proposed uses of the property as well as any proposed zoning changes, whether immediate or future;
G. A vicinity map showing roads, adjoining subdivisions, and other data sufficient to locate the proposed subdivision and show its relation to the community;
H. Existing topography of the proposed site and at least 100 feet beyond its boundary, and proposed changes in topography. The contours of the land shall be shown at intervals of not more than five feet, and of not more than two-foot intervals, if the slope of the land is less than 10 percent;
I. Type, circumference and dripline of existing trees with a trunk diameter of four inches or more, measured 24 inches above existing grade. Any trees proposed to be removed shall be so indicated;
J. The location and outline of existing structures identified by type. Structures to be removed shall be so marked;
K. The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse;
L. The location, pavement and right-of-way width, grade and name of existing streets or highways;
M. The widths, location and identity of all existing easements;
N. The location and size of existing sanitary sewers, fire hydrants, water mains and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral streets shall be indicated;
O. Proposed improvements to be shown shall include, but not be limited to:
1. The location, grade, centerline radius and arc length of curves, pavement, right-of-way width, and name of all streets. Typical sections of all streets shall be shown, and proposed private streets shall be clearly indicated,
2. The location and radius of all curb returns and cul-de-sacs,
3. The location, width and purpose of all easements,
4. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees,
5. The proposed use of each lot, approximate lot layout, and the approximate dimensions of each lot and 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,
6. Proposed recreation sites, trails and parks for private or public use,
7. Proposed common areas and areas to be dedicated to public open space,
8. The location and size of sanitary sewers, fire hydrants, water mains and storm drains. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated,
9. A planting plan for slopes, erosion control, street trees, other landscaping and fencing,
10. The name or names of any geologist or soil engineer whose services were required in the preparation of the design of the tentative map;
P. If the subdivider plans to develop the site in units, the proposed units and their proposed sequence of construction shall be shown;
Q. The department may waive any of the above tentative map requirements if the type of subdivision does not need to comply with these requirements, or if other circumstances justify a waiver. The department may require other drawings, data, or information as deemed necessary by the department to accomplish the purposes of the Subdivision Map Act and this title. (Ord. 86-6, 1986).
16.16.030 Accompanying data and reports.
The tentative map shall be accompanied by the following data and reports:
A. Environmental Review. Information shall be submitted as required by the department to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act.
B. Street Names. A list of potential street names for any unnamed street or alley for review by the department. This requirement does not apply to conversions.
C. Geotechnical Reports. Three copies of a preliminary soils report and engineering geology report, unless this requirement is waived by the city engineer, as provided by BMC 16.16.040.
D. Title Report. A preliminary title report, not more than six months old and acceptable to the department, showing the legal owners at the time of filing the tentative map.
E. Other Reports. Any other data or reports deemed necessary by the department. (Ord. 86-6, 1986).
16.16.040 Geotechnical reports.
A. A preliminary soils and/or geology report may be waived by the city engineer provided the city engineer finds that, due to the knowledge the city has as to the soil and geologic conditions in the subdivision, no preliminary analysis is necessary. Such knowledge would include the nature, distribution, and strength of the existing soils; the necessary grading procedures and design criteria for corrective measures; and the geology of the site and the effect of geologic conditions on the proposed development.
B. If the city engineer has knowledge of, or the preliminary soils and geology reports indicate, the presence of soil or geologic conditions which, if corrective measures are not taken, would lead to structural defects, a soils and/or geologic investigation of each lot in the subdivision may be required by the city engineer. Such soils and/or geologic investigation shall address the adequacy of the sites to be developed by the proposed grading and the effect of the soil or geologic conditions on the proposed development. The city may approve the subdivision, or portion thereof, where soils or geologic problems exist if the city determines that the recommended actions provide for acceptable procedures and design criteria for corrective measures. A condition of the issuance of any foundation permit will require that the approved recommended action be completed and certified as having been done in compliance with the report.
C. When preliminary soils and/or geology reports are prepared, final reports shall be submitted, prior to the acceptance of the improvements or the release of occupancy permits, indicating the specific actions taken pursuant to the preliminary report recommendations. Such reports shall contain complete and sufficient field data to indicate full compliance with the preliminary report or subsequent progress report recommendations as they were applied to specific areas or improvements. (Ord. 86-6, 1986).
16.16.050 Street names.
Each proposed public street that is a continuation of, or approximately the continuation of, any existing dedicated street shall be given the same name as the existing street. The proposed name of each other street shown on the tentative map shall be subject to approval by the city council. Where any such street forms a portion of any proposed street ordered by the council to be surveyed, opened, widened, or improved, and such street is shown on the final map, the name of such street shall be the same as the name contained in the order of the council. The words "Avenue," "Boulevard," "Place," "Way," "Court," or other designations of any street shall be spelled in full on the map, and such terms shall be approved by the city. All streets ending in a cul-de-sac shall be designated as "courts." (Ord. 86-6, 1986).
16.16.060 Department review and referral.
The tentative map shall be accepted for filing only when the map conforms to BMC 16.16.020 and when all accompanying data or reports, as required by BMC 16.16.030 and all fees and/or deposits as required by BMC 16.04.090 have been submitted and accepted by the department. The subdivider shall file with the department the number of tentative maps the community development director may deem necessary. The department shall forward copies of the tentative map to the affected public agencies and utilities which may, in turn, forward to the department their findings and recommendations. (Ord. 86-6, 1986).
16.16.070 Planning commission action.
A. Notice of Public Hearings. Upon receipt of an application that is accepted as complete, the department shall set a date for a public hearing before the planning commission, provide notice as required by BMC 16.04.060 and prepare a report with recommendations. A copy of the department report shall be forwarded to the subdivider at least three working days prior to the public hearing.
B. Planning Commission Action. The planning commission shall recommend approval, conditional approval, or denial of the tentative map, and shall report its recommendation to the city council and to the subdivider within 50 days after the tentative map has been accepted for filing. The commission’s recommendation shall be accompanied, in cases of conditional approval, with a statement of the specific changes it recommends or, in cases of disapproval, with a statement of the reasons therefor. If an environmental impact report is prepared, the decision shall be made 45 days after certification of the environmental impact report. (Ord. 86-6, 1986).
16.16.080 City council action.
At the next regular meeting of the city council following the receipt of the planning commission’s recommendation, the city council shall fix the meeting date at which the tentative map will be considered. That date shall be within 30 days thereafter, and the city council shall approve, conditionally approve, or disapprove the map within that 30-day period.
A. Factors to Be Considered. In reaching a decision upon the tentative map, the city council shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.
B. Approval. The tentative map may be approved or conditionally approved by the city council if it makes the following findings:
1. That the proposed map is consistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is physically suitable for the type of development;
3. That the site is physically suitable for the proposed density of development;
4. That the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Notwithstanding the foregoing, the city council may approve such a tentative map if an environmental impact report was prepared with respect to the project and finding was made that specific economic, social or other considerations make infeasible the mitigation measures or project alternative identified in the environmental impact report);
5. That the design of the subdivision or the type of improvements will not cause serious public health problems; and
6. That 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 a map if it finds that alternative easements, for access or for use, 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, and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.)
The city council may modify or delete any of the conditions of approval recommended in the planning commission’s report, except conditions required by this code or by the city engineer related to public health and safety or by the city-approved policies and standards. The city council may add additional requirements as a condition of its approval.
If no action is taken by the city council within the time limits specified in this chapter, the tentative map, as filed, shall be deemed to be approved if it complies with the general plan, any applicable adopted specific plans, BMC Title 17, Zoning, and all other applicable provisions of the Subdivision Map Act and this code.
C. Denial. The tentative map shall be denied by the city council on any of the grounds provided by the Subdivision Map Act or this code. The city council shall deny approval of the tentative map if it makes any of the following findings:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this code;
2. That the site is not physically suitable for the type of development;
3. That the site is not physically suitable for the proposed density of development;
4. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the city council may approve such a tentative map if an environmental impact report was prepared with respect to 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;
5. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
6. That 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 city council 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 ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction, and no authority is hereby granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
7. Subject to Section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of the Government Code) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use. (Ord. 86-6, 1986).
16.16.090 Extension of time for community development director, planning commission, or city council action.
Any applicable time limits for acting on the tentative map may be extended by mutual consent of the subdivider and the community development director, the planning commission, or the city council. A waiver of applicable time limits may be required to permit concurrent processing of related project approvals or environmental review on the same development project. (Ord. 86-6, 1986).
16.16.100 Expiration.
A. The approval or conditional approval of a tentative map shall expire 24 months from its approval by the city council. However, if in connection with a tentative map for which the filing of multiple final maps is authorized pursuant to BMC 16.20.020, the subdivider is made subject to a requirement of $100,000 or more to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, or if the tentative map is on property subject to a development agreement executed pursuant to BMC Title 17, then the expiration date shall be extended in accordance with Section 66452.6(a) of the Subdivision Map Act. An extension to the expiration date may also be approved as provided in BMC 16.16.110.
B. The period of time specified in subsection (A) of this section 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 city council.
After service of the initial petition or complaint upon the city, the subdivider shall, in writing to the community development director, request a stay in the time period for the tentative map. Within 40 days after receiving the request, the city council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be considered at a public hearing with notice to the subdivider and to the appellant, and upon conclusion of the hearing, the city council shall, within 10 days, render its decision.
C. The period of time specified in subsection (A) of this section shall not include any period of time during which the city has adopted a moratorium on processing or approving applications as provided by Section 66452.6 of the Subdivision Map Act. (Ord. 89-2 N.S. § 9, 1989; Ord. 86-6, 1986).
16.16.110 Extensions.
A. Request by Subdivider. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the department. The application and any required fee shall be filed prior to the expiration of the map and shall state the reasons for requesting the extension.
B. City Council Action. The department shall review the request, determine whether a public hearing is required based on changing conditions in the area, and submit the application for the extension, together with a report, to the city council for approval, conditional approval, or denial at the next scheduled city council meeting. A copy of the department’s report shall be forwarded to the subdivider prior to the city council meeting on the extension. After conducting a public hearing or reviewing the request, the city council may approve or deny the requested extension.
C. Time Limit of Extensions. The time at which the tentative map expires may be extended by the city council for a period or periods up to but not exceeding a total of three years. Upon application of the subdivider to extend the map, the map shall automatically be extended for 60 days or until the application for extension is approved, conditionally approved, or denied, whichever occurs first. (Ord. 89-2 N.S. § 10, 1989; Ord. 86-6, 1986).
16.16.120 Amendments to approved or conditionally approved tentative map.
A. Minor amendments to the approved or conditionally approved tentative map or conditions of approval may be approved by the department upon application by the subdivider or on the department’s own initiative, provided:
1. No units, building sites, or structures are added;
2. Changes are consistent with the intent and spirit of the original tentative map approval;
3. There are no resulting violations of this code.
B. The amendment shall be indicated on the approved or conditionally approved tentative map and certified by the community development director. Amendments to the tentative map conditions of approval which, in the opinion of the department, are not minor, shall be presented to the city council for its approval. Processing shall be in accordance with the provisions for processing a tentative map as set forth in this title. Any approved amendment shall not alter the expiration date of the tentative map, but extensions may be granted under the provisions of BMC 16.16.110. (Ord. 86-6, 1986).